VOLUME FOUR
MON December 1 1
16
1333-1357
Cpl. Russell L. Ellis ,..
D
650 PC
1358-1380
T/5 Henry Jupiter
D
650 PC
1380-1393
T/4 Booker W. Thornton
D
650 PC ■ ;
1393-1398
T/5 Freddie L. Simmons
D
650 PC
1399-1420
Pvt. Elva Shelton
D
650 PC '■
1420-1431
T/5 Nelson L. Alston
D
650 PC
1431-1446
T/5 Arthur L. Stone
D
650 PC
1446-1456
T/5 Nathaniel T. Spencer
D
650 PC
1456-1462
Pfc. Milton D. Bratton
D
650 PC
1462-1474
Pvt. Booker W. Townsell
D
650 PC
TUE December 12
'"■' ' 17
1479-1485
Mr. Forrest Jack Freeman
ID
Intelligence & Security Div.
1485-1487
Maj. Robert H. Manchester
POE Intelligence & Security
1487-1490
Lt. Col. Curtis L. Williams
Inspector General Div., DC
1490-1496
Capt. Francis W. Beckman
28 ISU '
1496-1500
S/Sgt Regis A. Callahan
MP
MP Section
1500-1560
Sgt. Arthur James Hurks
D
650 PC ^
1561-1562
Pfc. John Lee Hamilton
D
650 PC '^
, 1562-1563
Pvt. Robert Sanders
D
650 PC
1563-1565
Pvt. James C. Chandler, Jr.
D
650 PC V,.. <j
1566
Cpl. Johnnie Ceaser
D
650 PC ':■ V
■^ 1567-1568
Pfc. Roy L. Montgomery
D
651 PC '- -
■ ' 1568-1569
Pvt. Walter Jackson
D
650 PC ■
1570
T/5 Riley L. Buckner
D
650 PC
1571-1572
T/4 John S. Brown, Sr.
D
578 PC ,
' 1572-1573
Pfc. Sylvester Campbell
D
651 PC
1573-1574
Cpl. Johnnie Ceaser
D
650 PC
' 1574-1575
T/5 James Coverson
D
650 PC
1575-1576
T/5 Willie S. "Slick" Curry
D
651 PC
'." 1576-1577
T/5 Lee A. Dixon
D
650 PC
. 1577-1578
Pvt. Samuel Snow
D
650 PC
• 1578-1579
Sgt. Emanuel W. Ford
D
650 PC
• 1579-1580
S/Sgt. Ernest Graham
D
651 PC .
1580-1581
Pvt. Frank Hughes
D
650 PC
1581-1582
Pvt. William G. Jones
D
650 PC
1582
T/5 Willie Prevost, Sr.
D
650 PC
• 1583-1584
Sgt. C. W. Spencer
D
650 PC
1584
T/5 Leslie T. Stewart
D
650 PC
1584-1585
Pvt. Richard Lee Sutliff
D
650 PC
,.- • 1585-1586
Pfc. Freddie Umblance
D
650 PC
1586-1587
T/5 David Walton
D
650 PC
1587-1588
Pvt. Wallace A. Wooden
D
650 PC , . .
WED December 13
18
1592-1594
2nd Lt. Angelo J. Gagliardo
1
POE
1595-1600
Ms. Elsie Lshti
C
Legal Department
1600-1602
Capt. Ernesto Cellentani
IS
28 ISU Commander
1602-1603
Defense rests
1603-1629
Capt. Charles 0. Sturdevant
Neuropsychiatric Section
1629-1634
Lt. Vito Melpignano
IS
28 ISU
1634-1637
Cpl. Maj. Bruno Patteri
IS
28 ISU
1637-1642
2nd Lt. Giovanni Lobianco
IS
28 ISU
w
VOLUME FOUR
THU December 14
1
19
1644-1667
Pfc. John H. Pinkney
BS
650 PC
1667-1673
Pvt. Jesse Grego
MC
Station Hospital
1673-1674
Pfc. John H. Pinkney
BS
650 PC
1674
Prosecution rests
FRI December 15
20
1676-1688
Sgt. Grant Noel Farr
IG
SCU 7909
1690-1691
IstSgt. Robert B. Aubry
BS
650
1691
S/Sgt. Spencer Martin
BS
650 PC
1691
Sgt. Wilbur Jenkins
BS
650 PC
1691-1693
T/5 Earl William Lallis
BS
578 PC
1693-1694
T/5 Jacob Person
BS
651 PC
1693-1694
T/5 Freeman Pierce
BS
651 PC
1694-1695
T/5 William H. (A.?) Wilson
BS
650 PC
1695
T/5 John Terrell
BS
650 PC
1696
T/4 John S. Brown
D
578 PC
1696
T/5 William D. Montgomery
BS
650 PC
1696
Prosecution rests
1697-1699
Roy Montgomery's illness
SAT December 16
21
1701-1735
Closing Argument: Jaworski
1736-1771
Closing Argument: Beeks
1772-1781
Closing Rebuttal: Jaworski
SUN December 17
1782-1786
Findings of Guilt or Innocence
22
MON December 18
1787-1806
Reading of Ctiarge Stieet Personal Data
23
1807-1810
Sentences
VOLUME FOUR
..JL^:..
ABMY SERVICE FORCES
SEATTLE PORT OF EMBARKATION
SEATTIE, 4, WASHINGTON
™^^1*
General Court Martial
Fort Lawton Staglag Area
Fort La\iton, Vitashingtoa
VOLUME FOUR
Pages 1338-1811
Conoluding
7^
Port Lawton Staging Area,
Fort Lawton, Washington,
11 December 1944,
The Court reconvened at QsOO a.m., 11 December 1944,
President: Is the prosecution ready to proceed?
Trial Judge Advocate l The prosecution is ready, sir.
President: Is the defense ready to proceed?
Defense: The defense is ready, sir.
President: The Court will come to order,
A roll call of the accused was then conducted by the
Assistant Trial Judge Advocate,
Trial Judge Advocate: Let the record show each of the
accused is present; that all members of the Court are present
and the personnel representing the accused as well as the
personnel of the prosecution.
Assistant Defense: V/e will call Private First Class Russel
L. Ellis,
Law Member: There was offered in evidence on Saturday
morning Exhibit K for identification, an alleged letter on behalf
of Sergeant Graham, Decisloh on that offer was reserved. At
this time the prosectuion' s objection is sustained.
Defense: Does the Court wish to indicate the reason upon
which the offer is refused?
Law Member t Hearsay and not properly authenticated.
Corporal Ellis, as a defendant or an accused in a military court
you have certain rights and it is my duty at this time to
explain them to you.
You have the right to remain absolutely silent, not make
any statement at all, and the fact that you do remain silent
cannot be commented upon by the Trial Judge Advocate or considered
by us in any way in determining v/hether or not you were guilty
or innocent.
You may also be sworn as a witness in your own behalf just
like any other witness, and then your evidence is considered along
with the rest. If you are sworn as a witness, you are subject to
cross-examination by the Trial Judge Advocate and by the members
of the Court if they see fit to cross-examine you.
Finally, you may submit an unsworn statement, either orally
or in writing, by yourself or through your counsel. If you do
submit such an unsworn statement, which is not strictly evidence,
you are not subject to cross-examination by anyone on the contents
of that unsv/orn statement, but the Court would give such considera-
tion to that unsworn statement as the members thereof deem it
entitled to.
Now, do you understand those instructions I have given to you?
Corporal Ellis: Yes, sir.
Law Member: And have you talked it over v;ith, your counsel?
Corporal Ellis: Yes, sir*
Law Member: And after talking it over with your counsel
you elect to be sworn as a witness, is that correct?
Corporal Ellis: Yes, sir.
Law Member: All right. Colonel,
Corporal Russel L. Ellis, Headquarters and Headquarters
Detachment, Camp George Jordan, a witness for the defense, was
sworn and testified as follows;
Assistant Trial Judge Advocate: State your name.
The Witness: Russel L, Ellis,
Assistant Trial Judge Advocate: And your grade.
The Witness: Corporal,
Assistant Trial Judge Advocate: And your organization.
The Witness: Headquarters and Headquarters Detachment,
Camp George Jordan,
Assistant Trial Judge Advocate: You are one of the
accused in this case.
The Witness: I am, sir,
DIRECT EXAMINATION
Questions by Defense:
Q Corporal, how old are you?
A 33, sir.
Q Married?
A Yes, sir,
Q H ave any children?
A One, sir,
Q Boy or girl?
A Girl,
Q, What is the age of that youngster?
A Three, sir,
Q Where is your home, Corporal?
A Oklahoma, sir.
1333
Kf
Law Member: Oklahoma City?
The Witness: Oklahoma City, Sir,
Q What has been the extent of your education?
A 4-year college course, sire
Q What university?
A University of Langs ton.
Q What degree did you receive?
A Bachelor of Science,
Q What was your civilian occupation before you came into the
armed service?
A I was working for the Government, sir*
Q Well, did you have any occupation before you v/orked for the
Government?
A I was a shipping clerk for Sears and Roebuck*
Q Did you ever have any experience with a transportation
company?
A Yes, sir. The Transportation company was connected with the
Government for hauling soliders,
Q Oh, I see. Now, when were you first Inducated into the armed
services?
A About the 15th of December, 1942,
Q, Did you ever receive a good conduct medal. Corporal?
A Yes, sir,
Q When did you receive that?
A It was about the latter part of April, 1943, sir,
Q Tell the Court whether or not you ever had any foreign service?
A I have, sir,
Q And when was that?
A I returned here on November 2nd, sir,
Q I don't want you to name the particular place you v/ere at,
but was that in the Southwest Pacific?
A Southwest Pacific, sir,
Q Approximately when did you leave the United States for foreign
service?
A I think it v;as August 27 o
Q This year?
A This year, 1944, sir,
Q Were you wearing glasses at that time. Corporal?
A No, sir.
1334
I
Q What is the reason you are wearing glasses at this time?
A I v;a3 hurt overseas, in which I had a broken nose and two
operations on my eyes,
Q Your condition since that time requires that you wear colored
glasses? ■
A Ye s , s ir ,
Q Now, about when were you assigned to the 650th Port Company?
A It was right around the first of June,
Q Of this year?
A Of this year, 1944, sir,
Q Well, tell the Court whether or not ^s a member of that
company you lived on the post?
A No, sir, I didn't,
Q Where did you live?
A Downtovm, sir,
Q You mean in downtown Seattle?
A Yes, sir, .
Q What is the reason you didn't live on the post?
A My wife v/as here, slr^
Q I seeo Now, Corporal, were you a corporal on August 14 of
this year? ■. '
A No, sir,
Q What was your grade at that time?
A Pfc,, sir,
Q And when were you promoted?
A After arriving overseas, sir.
Q N ow, calling your attention to the night of August 14 of this
year. Corporal Ellis, which is the night that there was
difficulty betv/een the Italians and the colored soliders, I
wish you would tell the Court in a general way what you were
doing that night prior to the time you first learned that
there v/as difficulty?
A When I first learned that there was difficulties I had just
come out of the shower and walked upstairs,
Q I want you to tell the Court a little bit v/hat you were doing
before that time?
A The evening before that time, prior to that time, why, the
early part of the evening after leaving chow I received a long
distance telegram — telephone call — from- ray wife, but by
the time they found me someone had hung up the receiver and
the call didn't come through;, I called the operator and
tried to get back in touch with my family and, of course, the
line v/as somev;hat busy<, She told me it vi^ould take her --
1335
Q Don't go into the conversations you had. Just tell In a
general way what you had done that evening during the time,
A After I did not get my call I sat around the day room that
evening waiting for a call to come through. While I was
waiting for ray call to come through I had friends come out
to visit and stayed until about 10:00, And the call didn't
come through and I called the operator and told her to
cancel it. Walked up to the bus line with ray friends, which
was around about 10:00o When I got back to the barracks it
was about 10:45o I v/ent upstairs and begin to write a
letter to my Y/ife,
Q I want to ask you about that* You told the Court a moment
ago your wife lived here r. V/hen was it your wife left?
A She left just before -- when I found I v/as going overseas,
Q Well, about when was that. Corporal?
A That v.'as about, I imagine, some time in June, Sometime in
J\ane, sir,
Q Sometime in June that she left?
A Yes, sir, I was still living downtov/n, sir,
Q Still living in town?
A Yes, sir*
Q, How long did you continue living in town?
A I lived in town — I came in the morning of August 14 j that
was the last morning that I was able to go out,
Q I see.. Do you mean when you say you came in, you came back
to the post?
A Came back to the post, yes, sir*
Q, You were telling the Court you were upstairs in your barracks,
A I was upstairs in my barracks when I began the special letter
telling her I would probably be leaving Fort Lawton; not to
write anymore until she hear from me. It was close to some-
where around 11; 00^ and I knew it was about time for the
light to go out, and so I went down and take my shave and
begin to take a bath„ When I come out of the shower and came
upstairs I could hear different ones coming in and out of the
barracks. In ' the conversation I heard that Montgomery had
gotten kllledo
Q Montgomery had gotten killed?
A That is the way I understood it, he had gotten killed. So
I laid my toilet articles up on the bed and went downstairs
and walked out --
Q Did you have any particular assignm.ent in the company?
A Yes,^ sir, I was assigned by the Company Commander for medical
aid for overseas.
1336
Law Member: V/hat was that?
The Witness: I was assigned by the Company Commander for
medical air overseas,
Q When did you receive that assignment?
A It vi/as about the 1st of July, sir,
Q It was about the 1st of July?
A Yes, sir,
Q Tell the Court whether or not you received any special train-
ing for it,
A I have, sir, I v/ent to school at Fort Lawton,
Q Who sent you to school?
A Captain Ellingdon, Camp George Jordan,
Q V/ho was Captain Ellingdon?
A He was the Captain at Camp George Jordan, in connection with
Lt. Colonel Shelton,
Q He is the one directed you to go to this medical school?
A Yes.
Q All right. You started to tell the Court you heard
somebody saying Montgomery had been killed,
A I heard someone say Montgomery had been killed. So I went
downstairs and Just as I got to the door I sees the crowd
around, and I walked out and the M,P,'s were just picking him
up and put him in a jeep, I asked what was wrong and some-
body said he had just got knocked out; and I asked if they
needed any help and they said, no, we will take him up. And
I turned and walked back into the barracks and continued —
Q, As I understand you to say, when you got out there they were
just putting Montgomery into the jeep«
A The M,P*'s jiost finished picking him up,
Q And you came back into the barracks?
A I went back into the barracks and stood in the door because
I wasn't properly dressed, I stood in the doori
Q, All right. Tell the Coxirt what else happened; what you did,
A About three minutes after I had gone back in the barracks and
was standing in the door> Sergeant Aubery -»•
Q, Who is Sergeant Aubery?
A A sergeant of the 650th Port Company J 1st Sergeant,
Q, He is a 1st Sergeant?
A Yes, sir. He came down and ordered the boys back in the
barracks,
Q Corporal, I want you to tell the Court v/hether at any time
1337
during the night of August 14 you went down to the Italian
area?
A No, sir, I did not,
Q You understand what we mean v/hen we say the Italian area?
A I understand what you mean, sir, ,
Q I want you to tell the Court whether or not at any time on
the night of August 14 you ran upstairs in the barracks
and said the Italians beat up one of our men?
A I did not ,
Q Did you have such a conversation with anyone?
A I didn't have a conversation v/lth anyone, sir,
Q Well, tell the Court v/hether or not at any time during the
night of August 14 or later you ever made the statement
that you gave the Italians a good whipping?
A I did not, sir, because I didn't know what it was all about,
sir.
Defense; I think you may examine,
CROSS-EXAMINATION
Questions by Trial Judge Advocate:
Q Corporal, are you trying to lead this Court to believe you
were wounded while you were overseas?
A I didn't try to lead them that I was v/ounded, I was hurt,
sir,
Q You were hurt when you went swimming?
A That is when I got hurt, sir,
Q And you went diving and you doVe down in the water and you
hit some coral, didn't you?
A That's right, sir,
Q, V/ell, you weren't in combat or anything like that when you
were hurt?
A No, sir.
Defense} He would have the Purple Heart if he was,
Q Nov;, you told the Court you wrote a letter to your wife that
night,
A Yes, sir, I did, sir,
Q, And that is before, of course, you went down to see about
Montgomery?
A I hadn't finished, sir,
Q You hadn't finished?
A I hadn't finished writing the letter. Only started.
1338
Q When did you start?
A Started to writing the letters before I went to take my bath,
and started to take my bath before the lights went out,
Q You started writing a letter before you took a bath?
A-". That's right, sir.
Q You are sure of that?
A That's right, sir,
Q Then you went downstairs and you came back upstairs and you say
Sergeant Aubrey showed up, didn't you?
A I didn't say I came back upstairs. I said I v/ent back in the
. building and vrhlle ^ was standing inside the building.
Q You went back in the barracks and Sergeant Aubrey came in?
A He didn't come In the barracks; he came out in front,
Q Came out In front. You heard v/hat he said?
A Yes, sir. I was standing inside,
Q All right. And then you went where after Sergeant Aubrey
talked?
A After Sergeant Aubrey ordered them back In the barracks,
which all the boys were coming back in the barracks, I went
back upstairs and continued to finish my letter,
Q Continued to finish your letter?
A That's right, sir*
Q All right. Now at v;hat time or do you know approximately what
time it was when you first heard that someone said that V/illle
Montgomery was killed?
A V/ell, I couldn't give you the exact time, but I Imagine it was
somewhere around 11:00, because I think it was about 10:00 or
10:45 when I returned back to my barracks,
Q About 10:45?
A That is v/hen I returned back to my barracks, yes, sir 4
Q Now, did you hear any commotion or did you hear any noise or
any indication that something was going on while you were
taking a bath?
A No> sir, I couldn't hear because I v/as back in the room and
I had the curtain pulled> and the water was running, and I
couldn't hear anything back there*
Q Was anybody in there with you^
A Booker Thornton was taking a shave .
Q Booker Thornton was taking a shave?
A That's right.
Q That is the accused Booker Thornton?
A Yes, sir. Sergeant Booker Thornton,
1339
Q, Did the two of you talk any about what was going on out there?
A No, sir, we didn't.
Q Didn't say anything to each other?
A We didn't know what was going on,
Q You didn't know what was going on and you weren't wondering
what was going on? •
A I didn't have no Idea, I had no reason for wondering,
Q, Had no reason for wondering?
A No, sir,
Q Had you gotten upstairs before you heard somebody say that
Montgomery was killed?
A I had, sir,
Q You were upstairs?
A I was upstairs,
Q Are you sure you had gotten upstairs before you heard that?
A I had, sir,
Q And where were you; next to your bunk?
A My bunk was the second bunk from the stairway, sir, as you
come downstairs, I were, sir,
Q Were you sitting on your bunk?
A No, sir;, I was standing by my bunk,
Q You were standing by your bunk when you heard that?
A Yes, sire
Q All right d And what you heard was that Montgomery was killed?
A That Is what I heard, sir,
Q You are sure It was killed?
A That's right, sir.
Q All right, A^d what did you do then?
A Well, I walked down the stairway and I walked out to the door
to see v/hat was going on,
Q Well, did anybody call your name?
A I am pretty sure they did. Nobody calls me by my name; every-
body calls me "Heavy", and I understood somebody to say,.
"Heavy", ^ J*-
Q Have you any idea who was calling your name?
A No, sir, I don't; couldn't say,
Q Haven't any idea?
A No, sir,
Q Well, you answered to that call?
A I did not answer, sir, I walked down the steps, sir.
1340
Q Well, wasn't that ansv/ering to It?
A Answering, If I had answered, I would have said something,
but I didn't say anything. Just walked down the steps,
Q You responded to it by going downstairs?
A That's right, sir.
Q When you reached the door did you see anybody?
A Yes^ sir^
Q Who?
A A crown out there, I don't know who they were. About three
companies out there. Practically all of them out there.
Q Any M.P.'s there when you got downstairs?
A Yes, sir, there was,
Q Did you have any conversation with the M.P.'s?
A I only say to him, I say, "What is wrong?" He say, "Oh, he
just got knocked out," and they were putting him In the
jeep. That is all he say, and I turned and went back into
the barracks because I wasn't properly dressed*
Q Wellp didn't you tell them there wasn't anything you could
do?
A I told him there wasn*t anything they could do to a man that
is knocked out.
Q You told them there wasn't anything they could do —
A No one could do,
Q -- (continuing) to a man knocked out?
A That>s right, sir,
Q Well, were you sort of acting as the medical advisor there?
A I wouldn't say actxng as a medical advisor, which I was, but
I just went dov/n to see what was going onj because I figured
it was my duty to go by being appointed for medical aid,
Q You saw a mighty good doctor working over him at that time?
A Wasn't anyone working at that time^
Q Wasn't there somebody over Willie Montgomery working on him
at that time?
A Not at that time, sir,
Q Nobody taking care of him?
A Not at that time, sir.
time.
Defense: There is no testimony there was. Counsel, at that
Trial Judge Advocate : . I think I have a right to examine
this witness on any phase of this matter I want tOo
Law Member: Continue, Colonel,
Defense: I am sorry,
134-1
Q There wasn't anybody working on Willie Montgomery at that
time?
A There was no one working on Willie Montgomery at that time.
Q You went and took a look: at him?
A I looked at him,.
Q Did you examine him?
A No, sir, I didn't, sir, I just looked afhime and told them
what I thought about It, and that was all,
Q Is that the way you go about passing judgment on somebody's
physical condition, just to take a look at them and then say
there was nothing we can do for theraT
A It is not the way they do, sir,
Q But that is the way you did it that night?
A That Is the way I did it that night, sir.
Q All right. Well, did you help put Montgomery in a jeep?
A I started to help put him in a jeep, and 'they said they would
take care of him; take him to a hospital,
q, So you didn't help put him In a jeep; so you didn't help put
him in a jeep; you say you didn't?
A I was there at the time i»»asput in*
Q But you didn^t help put him in?
A Yes, sir,
Q You just got through saying you didn't?
A I said I did, sir, in the beginning, I said the M,P,'s was
picking him up and they put him In a jeep, and they told me -
and I asked them if they might need me to go with th^im, and
he said noj they would take care of him,
Q So then you didn't aot\xally put him in a jeep, or did you?
A I helped, sir,
Q, All right, I want that testimony read to me,
(Testimony read by reporter.)
Q All right. Did you start to put him in the jeep or did you
actually put him in a jeep; which Is it?
A I tell you, sir, v/hen I first arrived he wasn't laying flat
on the ground, he was kind of sitting on one hand, and I
kneeled down and looked at him, I looked at him and asked
him how he was feeling, and he said he was feeling pretty
good, and I reached down because we all helped pick him up,
and after he stood the M.P.'s took him,
Q Then the M.P.'s took charge of him; they took him to the
jeep?
A Yes, sir.
1342
Q So there, was no occasion for you to put him In a jeep because
they took him to a jeep?
A No, sir.
Q Then what you meant, you started to help put him in a jeep
by picking him off the ground but the M.P.'s took hold of him
and took him to the jeep; that is what you mean?
A Well, he was laying there beside the jeep, sir,
Q About how far from the jeep was it?
A The jeep? He was laying with his feet just up off the curb*
Q Well, was he carried to that point?
A I wouldn't know where he was carried from,
Q That is where you first saw him?'
A That is where I first saw him, sir,
Q Now, did any other M.P.'s arrived beside those two?
A Yes, sir, there vms —
Q I mean before they left with Montgomery?
A Before they left with Montgomery, yes, sir, a command car,
staff car, come past just in front of the barracks,
Q Did they sfty anything?
A I wouldn't know what they were saying, sir,
Q Well, they ordered you all inside, didn't they?
A My 1st Sergeant ordered me Inside,
Q Didn't the M.P.'s order you all inside too?
A I wouldn't know, sir. I wasn't out there,
Q All right. Now, you gave a written statement in your hand-
wilting about what you did that night while this riot was in
progress, didn't you?
A I think I did, sir,
Q In fact, you know you did, don't you?
A Y»s, sir,
Q And that was given on or about November 2, 1944, wasn't it?
A That's right, sir,
Q Right after you were returned from overseas?
A Right, sir.
Q All right.
Law Member: November 2?
Trial Judge Advocate: November 2.
Q Now, in that statement I will ask you if you didn't say that
1343
when you and Booker Thornton were there that Booker was
taking a shave and you were taking a bath; that that was
during the time when this thing first started, and that
both of you were wondering what was going on: didn't you
say that?
A I wouldn't know, sir, I can't recall; it has been some
time ago ,
Q Well, you testified to the Court today that you and Booker
were not wondering what was going on at that time. Now,
which Is right; were you or were you not?
A I guess the last statement I sald"v/as right, sir,
Q In other words, what you are telling the Court now Is right-
that you v/eren't wondering what was golns on?
A That's right, sir,
Q Now, I asked you specifically whether you had gotten upstairs
before somebody called that Montgomery was kllled> and you
said you had gotten upstairs and v/ere standing by vour bunk.
Now, that Is what you told the Court,
A That's right, sir.
Q Well, do you know that Is right?
A I think It Is, sir,
Q All right. Now, I will ask you If you didn't In this written
statement say that you were going up the stairway when some-
body yelled about Montgomery?
A I can't recall, sir. It has been some time ago,
Q You can't recall. It has been some time ago, but you were
positive, and I asked you If you were sure where you were
standing, and you said you had gotten upstairs and were stand-
ing by your bunk. That was your testimony this morning?
A That's right, sir.
Q All right, I also asked you whether you were certain that
somebody called Montgomery was killed and you told the Court
that you wore certain about that, didn't you?
A I think I did, sir,
Q Now, I will ask you If you didn't say in this statement that
someone yelled Montgomery was knocked out?
A I don't recall that, sir,
Q You don't recall that. All right. Now, you have told the
Court this morning that you had started writing your wife a
letter before you ever went downstairs. That is what you
said, didn' t you?
A When I went downstairs, yes, sir. I started that evening,
sir,
Q All right, NqW, I will ask you were you certain in this
statement, in this written statement, that you began to write
your wife a letter after you got back upstairs when this
1344
affair v/as over wlthj that you began to v/rite her a letter
after you had returned to yo\ir barracks?
A I said in my statement, I think I said in my statement, after
I had returned I finished writing ray letter,
Q That is your recollection of what you said in the statement?
A That's right,
Q And you didn't say you began to write a letter after that?
A I don't think I did, sir,
Q Which is the truth?
A Well;, the truth is I finished my letter after I had gone back
upstairs,
Q And you didn't begin to write it?
A I had already begin it, sir,
(^ Now, I asked you if the M.P.'s hadn't ordered everybody back
inside when they arrived and you said they hadn't. That is
what you told the Court, didn't you?
A That's v/hat I told,
Q N ow in this statement I v;ill ask you if you didn't say it
was the M.P.'s v/ho ordered everybody inside,
A; In my statement, sir?
Q I will ask you if you didn't say that in your statement?
A I don't remember, I think I remember saying the Sergeant
ordered everybody Inside, If the M,P,'s were out there, I
am sure they were helping,
Q I will ask you if it isn't a fact that in your statement you
didn't mention the Sergeant and didn't mention one word about
Sergeant Aubery?
A I can't recall that, sir,
Q Well, you are a pretty smart man, v/lth a college degree,
aren't you?
A Everyone is capable of not thinking at all times, sir,
Q You don't make a habit of writing things that aren't true,
do you?
A No, sir,
Q All right, Nqw, you Just take a look at this and see if that
isn't the thing that you wrote out on November 2 (handing
paper to witness),
A That is in ray handwriting, sir,
Q All in your own handwriting?
A That's right, sire
Trial Judge Advocate: I offer it in evidence.
Defense: There is no objection.
1345
Law Member: The exhibit Is received In evidence as
Prosecution Exhibit 43,
Defense: No objection to this either, If you tell me
It Is a copy.
Trial Judge Advocate: Yes, It Is a copy.
Defense: If you tell me It is, it is satisfactory.
Trial Judge Advocate! Yes, that has been compared,
A paper was then marked Prosecution Exhibit 43 in evidence.
Trial Judge Advocate:" Before I read this one I want to
ask another question or two,
Q Now, Corporal, the day you wrote that our Major Manchester
v/as talking with you and several others; it was right after
you returned?
A Yes, sir,
Q, And you and several others, several other accused here, were
brought into a room and he told you of the charges that had
been flledt
A That's right, sir,
Q And he read the charges to you and during the course of the
conversation with you he told you if any of you wanted to
v;rite out your version of thiaj matter you could do so, didn't
he?
A That's rights sir,
Q And then you went out and wrote your Version of this matter?
A That's right, sir,
Q And who was around you when you wrote it?
A Sergeant Young was out there, but he v/asn't just over 4 He
was just v/alklng from table to table,
Q You happened to be sitting in that office where his desk was?
A No, sir, v;e were out in the large —
Q In a room about as large as this, weren't you?
A That's right, sir,
Q And there was some of the other accused sitting there too?
A That's rights sir.
Trial Judge Advocate then read Prosecution Exhibit 43 to
the Court,
Q Now, Corporal, that is quite a different story than what
you told the Court this morning?
A I don't think it varies so much, sir.
1346
Q You don't think it varies so much?
A No, sir,
Q, It just varies in about five or six respects.
Defense: That is an argumentative question. Counsel knows
it is improper.
Law Member: The objection is sustained. The statement
speaks for itself,
Q You know Willie Ellis quite well?
A I know him, sir,
Q, Well, you know him quite well?
A No, sir, I don't know him quite well,
Q How long have you known Vi/illie Ellis?
A V/ell, I used to know him by seeing him around the company.
Bearing the sar.ie name I have, I could remember him, sir,
Q Y7ell, you and Willie never had any difficulty, did you?
A No, sir,
Q Well, as a matter of fact, you had been pretty good friends,
hadn't you. Corporal?
A Well, I try to be a friend to everybody,
Q I EKi sure of that, but V/illie tried to be a friend of yours
too?
A I don't know whether he tried to be a friend. He was a nice
fella,
Q You heard Willie Ellis testify in this court room that he
saw you with a club near door E on the inside of the orderly
room, didn't you?
A I did, sir,
Q Is that true or not?
A No, sir,
Q Willie Ellis just wasn't telling the truth?
A Just didn't tell the truth, sir,
Q Now you also heard the testimony that after the fight, when
there was talk in the barracks, you said you were down there.
Was that true or was it not true?
Defense: I don't think that is the evidence.
Law Member: No scuch evidence.
Trial Judge Advocate: Well, V/illie Ellis testified to the
same thing.
1347
Defense: No, he didn't. We challenge that statement.
Major Crocker: As I recall, he testified -- Willie Ellis —
that Ellis said we gave the Italians a good whipping.
Law Member: Yes,
Trial Judge Advocate: Well, that is what I am leading up
to. It "amounts to the same thing, I wasn't trying to quote it
exactly,
Q There was then a statement made by you to the effect that you
had been down there and had done something to the effect •f
giving the Italians a good beatingo
A There was no such statement made because when those boys came
back in I was in bed, and I hadn't seen them the entire
evening, sir,
Q Well, now, just how long were those boys down there if you
didn't see them?
A Down where, sir?
Q, Down in the Italian area,
A I don't knov/, sir, I hadn't seen them all evening. Prac-
tically that whole day I haen ' t seen any of them, because the
man who testified to that I don't think he even stayed in my
barracks,
Q Well, now, let's see. You said you were there and saw a bunch
of M.Po's come, and that they ordered you all back in the
barracks is what you said in your statement,
A That doesn't have any bearing on what I say --
Q (Interrupting) Is that correct or not; you did see a bunch
of M.P.'s?
A Sure, a bunch of M.P.'s there, sir,
Q And the M.P.'s ordered you back in your barracks?
A They didn't order me, I guess they ordered the other fellows
who testified before they were ordered back in the barracks,
but the only conversation I had with the M.P.'s was the two
that was handling Montgomery,
Q Then you say in this statement, that is in your own handwriting
here, that there was plenty of M.P.'s there and they ordered
everybody back inside i That part was untrue, then?
A It was true --
Defenae: He has only gone into this matter with this same
witness about three times now.
Trial Judge Advocate: It is not repetition.
Defense: Yes, it is, ,
Trial Judge Advocate: I am getting into another matter nov; .
1348
I Just want to see how long he was around before that time.
Lav/ Member: Objection overruled,
Q I want to know whether that is true or not?
A It is true, sir — I Imagine so,
Q You Imagine so?
A That's right,
Q, All right. Then you v;ere there outside and heard a bunch of
M.P«'s order the men to go back inside?
A I v/as standing in the doorway, sir; inside the door, as I
testified first,
Q H ow long after those M.P.'s ordered the men to go back in-
side was it before you heard men coming into the barracks?
A Before I heard men coming into the barracks?
Q Yes; how long?
A Men was coming into the barracks at all times, sir, ,
Q Who did you see coming into the barracks?
A I wouldn't know anyone, sir,
Q You didn't recognize a soul that went inside the barracks?
A Not a soul because it v/as dark, V/asn't a light on the outside
and wasn't none in the hall. Perfectly dark outside the doorj
Q And you didn't recognize the one that came into the barracks? ^
A The fact is I wasn't paying no attention, sir,
Q And then when you went upstairs you say you completed writing
your wife a letter?
A I did, sire
i
Q In the statement you say you begin to write her a letter, -^
A I had begin In the early part of the night, sir. |
Q All right. Now, how long did it take you to either write 1
that' letter or complete writing it? 'i
A Well, sir, I imagine it would take about five- ten minutes, ^
sir. . J
Q, Five -ten minutes? , , i
A That's right, sir.
Q While you were writing that letter during those five-ten j
minutes, did anybody come into the barracks?
A I wasn't paying any attention, sir. Could have been, sir,
1
Q, You don't know whether any came into the barracks or not?
A No, sir, I don't, sir,
Q, You knew something was going on down in that Italian area.
1349
dldn' t you? ^ ■,
A. No, sir, I didn't, sir,
Q You didn't-?
A I really didn't „ sir, because I was having a little difficulty
v/ith ray family and I v/as thinking of my family, sir, and I
wasn't paying any attention to anything that was going on,
sirs ' •
Q, You mean to tell this Court you went downstairs and you still
didn't know during the period of time that you were down there
that anything was going on in the Italian area?
A I didn-t see anyone going towards the Italian area. Every-
body v/as crowded on the outside when I went down* I didn't
know v;hat was going on<»
Q You heard no noise?
A Very little noise I heard*
Q, And you heard no cars passing on the street?
A Cars come dovm there after I got back in the barracks o
Q You heard no whistle blown that night?
A No-, sir; I didn't,
Q And Tcu were in v/hat barracks?
A I aan' in 719,
Q 719 upstairs?
A That's right a
Q And you heard no whistle blown that night?
A I v;asn't probably up there at that time. I vms probably
taking a shower at that time, sir,
Q Well, Willie Montgomery was already lying there in front
v/hen you came downstairs from the barracks?
A That's right, sir, he waso
Q And you heard no v/hlstle blown at any time?
A I did not, sir,
Q You heard none of the commotion in the direction of the
Italian area?
A No, 'sir, I didn't, because I wasn't out there that long,
sir,
Q, You didn't hear any fence being torn up?
A No, sir, I didn't hardly know a fence vms over there because
I was never in that area long at a time, sire
Q, V/ell, 700 mess hall isn't in that area, is it; that is, the
578th mess hall building, 700V
Defense: That is what he is talking about©
1350
Trial Judge Advocate; That is virhat I am talking about,
Q That isn't the Italian area, is it?
A No, sir*
Defense: Ke didn't say anything about Italian area, if the
Court please, in answer to the question.
Law Member: I know it; go ahead.
Trial Judge Advocate; You want to examine?
Defense: I want you to be fair to the witness,
Q Corporal, you know there was a fence in front of the 578th
mess hall — on the side of it?
A I have noticed a fence there during that day, because that
was my first time of ever being down past 719 because I was
practically in town all the time I was off duty, sir,
Q Did you hear that fence being torn up that night?
A No, sir, I did not,
Q 3£ou didn't hear that either?
A I did not,
Q Did you hear any rocks being thrown against barracks?
A No, sir,
Q Heard no window panes being shattered?
A I did not,
Q The whole' time you were in 719 or out in front of 719?
A I did not, sir,
Q And when you sat up there writing this letter you have been
telling the Court about you didn't hear any boys coming back
upstairs talking about a fight having gone on?
A No, sir, because after I started writing my letter two
officers, I believe, and an M.P, came in and someone called
"Attention" and I juraped dov/n off the bed where I was writing
the letter and stood at attention until they walked around
through the barracks, and checked the lights and said, "All
you fellows put the lights out and go to bed,"
Q That was about 1:00 in the morning when that happened?
A I don't know what time,
Q Wasn't it? " . '
A I wouldn't know, sir, '
Q Then as far as your testimony to this Court goes you didn't
even know that night there was any difficulty in the Italian
area, did you?
A I didn'^t know that there was anyone absolutely hurt but
Montgomsry until the next morning ,
1351
Q That wasn't what I asked you, I asked you did you or not
know that night that there was difficulty In the Italian
area?
A I knowed that there was some difficulty but I didn't know
what was going on,
Q How did you find out there was some difficulty?
A Just by I knowed there was some difficulty,
Q I know, but tell the Court how you know?
A Because I went outside, sir,
Q You say when you were outside you hadn't heard anything that
showed there was any difficulty down there?
A I didn't say that I didn't see anything about — didn't know
any difficulty.
Q All right. Tell "us then how you did know there was diffi-
culty dov/n there,
A I know there was something going on by the M.P.'s coming down,
sir. Anybody would know there was some type of difficulty.
Everybody was out in the street, sir,
Q And that is the only v/ay you know there v/as any difficulty in
the Italian area, but the fact there was some M.P.'s out there?
A I didn't know exactly v/hat was going on, sir. To be frank
with you, I didn't know what was going on,
Q And you didn't ask any questions as to v;hat was going on?
A No, sir. I hardly say anything to anyone unless they say
anything to me, because it v/asn't my business,
Q The M.P.'s were out in the street on Virginia Avenue, weren't
they?
A I don ' t know what — •
Q Well, they were in front of barracks 719?
A I believe to the left of 719,
Q Right close to 719?
A That's right, sir*
Q In the street?
A That's right, sir,
Q H ow did that lead you to believe there was any trouble in the
Italian area by seeing the M.P.'s in the street there close
to 719?
A The M.P.'s were talking about It themselves,
Q Oh, you heard the M.P.'s talking about it?
A I asked the question in the beginning, as I said in ray first
statement ,
Q You asked what question?
A About Montgomery; when I was asking them about Montgomery,
1352
Q Was that as much as you knew that night, that Montgomery had
"been hurt?
A Somebody had knocked Montgomery out*
Q And you didn't know anything beyond that?
A And I didn't know anything beyond that because I didn't ask
them the reason. The further Information I received was the
next morning, siro
Q Then you didn't know that there was any riot in the Italian
area until the next morning?
A I did not know what had happened in that Italian area, I
didn't know a single soldier was hurt until the next morning,
Q You didn't know there was a breaking of windows and throwing
of rocks?
A I did not, sir,
Q Didn't know about that vrntil the following morning?
A The following morning, slr«
Q, Now, when you were sitting in your barracks there writing
this letter that you have been talking about, you mean to
say that there weren't some Negro soldiers came in there
and talked about the riot that had gone on?
A Could have, sir, but they didn't talk to me,
Q You just didn't hear anything like that?
A I didn't hear anyone say anything about it. Three of us
sitting there, and the guy sleeping next bed to me, he was
writing a letter, and I was writing a letter, and I think
another fellow there cutting hair,
Q Who was writing that letter?
A William A. V/ilson,
Q And who was cutting the hair?
A I think his last name was Kane; a barber for 719 barracks,
Q, All right. Now, as I linderstand your testimony to this Court
here is v/hat you want the Court to believe; that you went
downstairs, were there just a few minutes until Willie
Montgomery irae placed In a jeep; that you then wdkat back
upstairs and that you were writing a letter that took you
five-ten minutes to write, and then a Major and a Lieutenant
came around and ordered everybody to bed?
A Somewhere around that time, sir, I don't know what time it
was, but that absolutely happened, sir.
Q And the Major and Lieutenant came around within five- ten
minutes after you v/ent upstairs?
A I didn't say that, slr„
Q , All right. You said it took you five-ten minutes to write
the letter after you went up and then the Major and Lieutenan'o
came around is what I understand you to say.
1353
A But you didn't ask rae what time I went up, sire
Q Wellj what did you do besides writing the letter when you
went upstairs?
A I told you when I went back Into the barracks I stood in the
doorway- sir, I was standing In the doorway,
Q H ow long did you stand in the doorway?
A I don't have any recollection how long I stood there,
Q Well, about how long did you stand in the doorway?
A Well^ I v;ould say approximately fifteen- twenty minutes,
Q What vrere you doing standing in the doorway?
A Standing in the doorway,
Q I know, but what were you doing; just standing there for
your own enjoyment?
A Yes, slr«
Q Well, what was the purpose?
A Looking y
Q Looking at what?
A Just looking, siro
Q Just looking in blank space?
A No, sir,
Q Wellp what were you looking at?
A Standing out there because all the fellows was gathering
out there; about 400 men out there. The Sergeant was making
them come back in the barracks > and after I v;ent out there
and saw what v/as going on I v/ent back and stood in the door-
v;ay because I wasn't properly dressed. As I testified
before, I wasn't properly dressed,
Q And you didn't see anybody go down the road?
A No, sir,
Q And you just stood in that doorv/ay fifteen-twenty minutes?
A I don't think anyone went down anyplace after the 1st
Sergeant came. If they did, I didn't see them,
Q There was about 400 men there?
A Approximately 400 men^
I J
Q And you were standing in the doorway looking at them?
A Yes, sir,
Q Just looking at them for f if teen-tvienty minutes?
A I v/ouldn't say I was just looking at them, no particular
personj I was Just standing in the doorwaya
Q Anybody else standing there besides you?
A Not as I knov;, slr^ • .
1354
Q Anybody else standing there I mentioned in those 400 men?
A Not as I know, sir,
Q And then after you got through standing there fifteen-twenty
minutes you went and wrote this letter?
A Went back upstairs, yes, sir,
Q And that letter took you five-ten minutes to write?
A That's right.
Q And then the Major and the Lieutenant came?
A Right around that time, sir,
Q Then yoiir testimony that when you left Montgomery you went
upstairs and started writing this letter was not correct,
was it?
Defense: There isn't any such testimony, if the Court
please.
Law Member: He distinctly said that a t the beginning of
his early cross-examination.
Trial Judge Advocate: What was that?
Law Member: That he went and stood in the doorway after
the M.P.'s —
Trial Judge Advocate: He didn't say he stood any fifteen-
twenty minutes, ■ . .
Defense: You didn't ask him.
Trial Judge Advocate: And he further said he spent five-
ten minutes writing this letter, and he said he went upstairs '
after he saw Willie Montgomery and. started writing this letter.
Law Member: It is in the record on direct he did go and
stand in the doorway for some period of time before he went
upstairs,
Q All right, Nov/, in other words, from the time you were
downstairs, according to your testimony now, from the time
that you were downstairs and left Willie Montgomery until
the Major and the Lieutenant came upstairs there must have
been some twenty, twenty-five or thirty minutes that
transpired and no more?
A I wouldn't know. I wouldn't knov/ the time, sir,
Q V/ell, if you stood in a doorway f if teen-tv;enty minutes and
you wrote this letter five-ten minutes, then it must have
been somev;here b etv^een twenty-thirty minutes?
A Somewhere like that, sir.
Trial Judge Advocate: That is all.
1355
Defense: I have no further questions.
President: Any questions by the court?
Major MacLennan: Yes, sir, I have.
EXAMINATION BY THE COURT
Questions by Major MacLennan:
Q Corporal, as I recall your testimony here today, you testified
that you watched them place Roy Montgomery in the jeep, the
M.P.'s placed him in the jeep?
A Yes, sir, he was put in the jeep, sir,
Q And was it that time that Sergeant Aubrey came around and
ordered the men back?
A He came along directly after we got him in the jeep,
Q Right after that?
A Yes, sir,
Q And then you went back and stood in the doorway, is that
right?
A Yes, sir.
Defense: I think Major MacLennan used the word Roy Montgomery c
I think he meant William,
Major MacLennan: I meant William,
Q You stood in the doorway some fifteen minutes or so?
A Yes, sir,
Q And I wanted to get this point straight. You didn't see
anyone leave the vicinity of 719 and go down the Lawton
Road?
A No, sir, I didn't,
Q During the time that you saw V/illie Montgomery taken av;ay
and the time you went upstairs?
A No, sir, I didn't,
Q ?i/hile you were standing in the doorway. Corporal, did you see
Samuel Snow brought in?
A No, sir, I didn't, sir,
Q You did not?
A I did not, sir,
Q Did you see Samuel Snow that evening after Willie Montgomery
was hurt?
A I didn't know him, sir, .
Q You didn't recall?
A I didn't know Sammy Snow,
1356
Major MacLennan: All right. Thank you.
Questions by Lt, Colonel Stetcher:
Q You say you lived In town through the 13th of August, is that
right?
A Yes, sir,
Q Where did you eat all that time that you lived in town?
A I was staying on 1st Avenue —
Q No, I mean where did you eat; where were you fed?
A I was fed here, sir,
Q You were eating in the mess hall?
A Yes, sir,
Q While you lived in town you ate all three meSLls in the mess
hall?
A No, sir, I wouldn't eat all three meals in the mess hall.
I would just go to town after I got off v/ork at night,
Q How many meals did you eat in the mess hall daily?
A Daily?
Q Yes,
A Supper —
' •
Q While you lived in town,
A — (continuing) supper and the noon meal, sir.
President: Any further questions?
Trial Judge Advocate: I have a question or two I want to
ask him if the Court is through,
CROSS-EXAMINATION
Questions by Trial Judge Advodatei
Q Major MacLennan asked you if you saw Sammy Snov/ brought up
there while you were there and you said no. Did you see
any other soldiers, any other injured soldier, besides
Willie Montgomery brought up there v/hile you were there?
A I didn't see them until the next morning,
Q In other words, Willie Montgomery was the only injured soldier
you saw brought over there?
A That's right, sir.
President; Any further questions? If not, the witness may
be excused.
There being no further questions, the v;ltness was excused
and resumed his seat as one of the accused.
1357
Defense: Does the Court wish to take its morning recess
before v/e call another witness, or would they prefer to start
on one?
President: The Court will take a fifteen minute recess.
The Court thereupon recessed at 10:00 a.m., and reconvened
at 10:30 a.m., 11 December 1944,
President: Is the prosecution ready?
Trial Judge Advocate: The prosecution is ready, sir.
President; Is the defense ready?
Defense: The defense is ready, sir.
President; The Court will come to order.
Trial Judge Advocate: Let the record show each of the
accused is present, all members of the Court are present, and
the personnel representing the accused and the personnel of
the prosecution.
The reporter was also present*
Assistant Defense: V/e v;ill call Henry Jupiter »
Law Member; Corporal, it is my duty to explain to you that
you have certain rights as a witness in any Army Court-Martial,
You may be sworn as a witness like any other witness in this
case and give testimony under oath.
Corporal Jupiter: Yes, sir.
Law Member: Your testimony is then a part of the evidence
and will be considered by the Court as such. You will then be
subject to cross-examination like any other witness by both the
Trial Judge Advocate and the members of the Court if they see
fit.
Corporal Jupiter t Yes, sir* ■
Law Member: Or you may make an unsworn statement in denial,
explanation or extenuation of the offense charge.
Corporal Jupiter: Yes, sir. '
Law Member: This unsworn statement is not strictly evidence;
it may be given by you personally or through your counsel and
if you do elect to give such unsworn statement you cannot be
cross-examined on any matters contained therein.
Corporal Jupiter: Yes, sir^
1358
Law Member: It will be given such consideration by the
Court as the members thereof see fit. Or, lastly, you may remain
absolutely silent and not give any statement, sworn or unsworn,
and if you do so elect to remain silent the fact you do cannot
be used against you. You understand those instructs?
Corporal Jupiter: I do#
Law Member: Have you talked it over with your counsel?
Corporal Jupiter: I have.
Law Member; And you elect to be sworn as a witness, is
that correct?
Corporal Jupiter: Yes, sir,
T-5 Henry Jupiter, Headquarters and Headquarters Detachment,
Camp George Jordan, a witness for the defense > was sworn and
testified as follov/s5
Trial Judge Advocate: State your name.
The Witness: T-'b Henry Jupiter,
Trial Judge Advocatfe: And your organization.
The Witness: Headquarters and Headquarters Detachment,
camp George Jordan^
Trial Judge Advocates Camp George Jordan, I believe you
said?
The Witness: Yes^ sir.
Trial Judge Advocate: That is your station. You are one
of the accused in this case?
The Witness: I am sir.
DIRECT EXAMIITATIOIT
Questions by Defense:
Q, How old are you?
A 37, sir, .
Q Where is your home?
A Florence,. South Carolina,
Q How much education have you had?
A 5th grade, sir.
President; I didn't get the answer.
Law Member: 5th grade.
1359
Q And what was your occupation before you came Into the
Army; vi/hat did you do?
A Farm,
Q, Farming?
A Yes, sir
Q Whereabouts?
A Decatur, Michigan o
Q Calling your attention to the night of August 14, Corporal,
which v/as the night there was difficulty betv/een the colored
soldiers and the Italians, I will ask you v/here you v/ere when
you first knew that there was some trouble that night?
A I was upstairs in a crap games
Q Upstairs in v;hat barracks?
A Barracks 719 »
Q Did ycu live in that barracks?
A I did, sir,
Q And who else was in the crap game?
A Richard Sutliff, Jesse C« B, Sims, Stahely Baldan —
Law Member: Balden?
The Witness i Balden,
A — (continuing) Willie Scott, Addison George, Walter Jackson,
and Sergeant Hurks was running the crap game,
(^ Was Sims winning there that night or was he losing?
A Sims was losing, sire
Q What calls to your attention the fact Sims was losing?
A Because I was the man v/innlhg the raoneyi
Law Member J What is that?
The Witness; I was the man that was winning the money,
Q Did Sims make any remarks to you or to any of the crov/d about
losing?
A He did^ sir,
Q, Well, you say you v/ere in the crap game when you first knew
there was difficulty that evening?
A Yes, sir,
Q, And then what did you do?
A Well, the first time we heard a whistle blow we didn't pay
much attention, we continued on shooting dice, and the
whistle blowed again. Then we heard someone dov/nstalrs
hollering; say the Italians knocked out one of our boys e
1360
Q And what did you do?
A We shoot dice then until I "seven" out.
Q, What do you mean by that? You rolled a seven and took the
money and that was the end of the game?
A No, sir, I rolled a seven and Sims picked up the money.
Q, Then v/hat did you do?
A Then we went dov/nstalrs,
Q Well, did you stay downstairs?
A No, sir, I went out In the street, sir.
Q V/ell, what did you see down there when you got down to the
street?
A There was a crowd of men standing on the side of Virginia
Avenue, where Port Lawton road turns off Virginia Avenue,
and all around the mess hall and In front of the barracks,
Q Did you see ?/illie Montgomery anywhere around In front of
the barracks?
A No, sir, I didn' t,
Q You didn't see hlm^ Did you see V/illle Montgomery any time
that night?
A I did, sir.
Q When did you see him?
A After I stood in the road awhile and a jeep oame down the
hill off Virginia Avenue and turned up Lawton Road, then
it s topped i In that group of men was John Pickney —
Q Let's get this clear. You say you stood around?
A Yes,sir, .
Q, A little v^hllek Where di you stand around^
A Out in the road, ■ •
Q Well, what road?
A Virginia Avenue ,
Q Well, where abouts with reference to your barracks?
A Right in front of the barracks,
Q In front of your barracks?
A Yes, sir*
Q And then you say a jeep drove up?
A Yes, sir,
Q, Where did that jeep come from?
A Down the hill, Virginia Avenue,
Q Well, did it come down Lawton Road?
A Turned up Lawton Road,
1361
Q Then turned off Lav^rton Road Into Virginia Avenue?
A Turned off Virginia Avenue into Lav/tor Road where you go
down to the Italian area,
Q Oh, I see, V\fho was in that jeep?
-A I don't know, sir, but the man In the jeep, he spoke to
Plnkney, because Pinkney had spoke out, "Boys, you all
here, all standing byj If you hear me be sm^e and come",
Q Tell the Court who John Pinkney is?
A John Pinkney v/as a man v/as on M.P, duty,
Ql How was he dressed; wearing anything particularly on his
arm?
A I don't know sir; I didn't see. It was dark,
Q Where did you see John Pinkney with reference to this jeep?
A Standing over there with that group of men,
Q Standing over there with that group of men?
A Yes,
Q And v/hat was it you heard John Pinkney say?
A He say, "Boys, you all here, you all standing by; if you
hear me holler be sure and come",
Q Tell the Court v;hether or not you saw Sergeant Hurks around
In the crowd at that time?
A No, sir, I didn't, because after Pinkney spoke those words
and the jeep turned around and come out of Lawton Road and
went back up Virginia Avenue, up the hill, I v/ent back in
the barracks, ■_
Q You v/ent up the hill towards your barracks?
A I went back in the barracks* I went back in the barracks,
Q You went back into the barracks?
k Yes, sir*
Q Well, when you got back in the barracks what did you do?
A I v;ent into the latrine,
Q And then v;hat did you do?
A After I come out of the latrine I went back to Montgomery's
bunk, and he was lying up on the bunk with his eyes shut,
I looked after him, I thought maybe he had a hole or some-
thing knocked in his head, the boys said he was knocked out,
but he was just laying up there with his eyes shut just like
he was asleep,
Q, Was that after he had been brought back from the hospital,
or do you know?
A I don't know, sir,
Q Did you ever go out of your barracks again that night.
Corporal?
1362
A I did not, sir,
Q, I want you to tell this Court whether or not you were ever
down in the Italian area on the night of August 14?
A No, sir, I was not.
Defense: You may examine,
CROSS-EXAMINATION
Questions by Trial Judge Advocate:
Q, Did you say you saw V/illle Montgomery lying on the ground when
you first went dovmstairs?
A No, sir, I did not,
Q, Did you see V/illie Montgomery at all when yom went upstairs?
A No, sir*
Q, The only time you saw V/illie Montgomery is when he v/as lying
in his bunk?
A That's right, sir, ' -
Q And that vms after you returned to your barracks?
Aj. Yes, sir, that was when I v/ent back in the barracks*
Q And how long vzere you dovmstairs?
A I don't know, sir. It wasn't long,
Q Wellj about how long?
A I don't knov7> sir, I am not good at it,
Q Well, were you downstairs as long as fifteen minutes?
A I don't knov; how long it was. It wasn't long,
Q, Well, you can give the Court some idea about how long you
were dovmstairs, can't you?
A No, I don't knov; how long it was> but it wasn't long, because
I just stood out there until Pinkney spoke out and then I
turned back and went into the barracks*
Q How long did that crap game continue feifter the whistle blew?
A SevereQ. minutes, I don't know how long, but it v/as several
minutes,
Q Three or four minutes?
A Longer than that, sir,
Q Five minutes?
A Longer than that,
Q Ten minutes?
A I guess it v/as something like that, sir,
Q, Something like ten minutes after the whistle blew this crap
game continued?
1363
A Yes, sir.
Q And you stayed In the crap game until it broke up?
A I did, sir.
Q Until everybody left?
A I did, sir,
Q And did you go downstairs with the rest of them?
A Yes, sir, I did, sir,
Q All of you went downstairs when the crap game broke up?
A Yes, sir,
Q Well, where did you stand or where did you go after you
got downstairs?
A I walked out in the street and stood to the left of the
door after you go out of the barracks,
Q Left of 719?
A Yes, sir,
Q Close to the curb?
A No, sir, I was standing out in the road,
Q You were standing out in the road?
A Yes, sir,
Q Did you get on the other side of the street?
A No, sir, I didn't,
Q, You just stood out in the road?
A I Just stood out In the road,
Q Sort of across from the 578th mess hall?
A No, sir, I v/as standing to the left after you cone out of
the barracks,
Q You were standing close to where Lawton Road comes in?
A Yes, sir*
Q And you stood there for a few minutes^
A Yes, sir,
Q Now, teil the Court about how long you stood there?
A I don't know, sir, how long it was,
Q Well, was it as long as fifteen minutes?
A I don't know how long it was, but it was long enough for that
jeep to come down the hill. ■
Q But that doesn't mean much; you say it was long enough for tha
Jeep to come dovm the hill» Would you say it was or was not
as long as fifteen minutes?
A To tell you the truth, I don't knov; how long it v/as, sir.
1364
Q V/ell, would you say it was longer than five minutes?
A I don't know, sir, I expect it was,
Q You don't know v/hether it was five rainutes or fifteen minutes*?
A No, sir, I don't,
Q And v/hat v;ere you doing there?
A Just standing up,
Q Just standing up?
A Yes, sir,
Q Were you talking with anyone?
A No, sir, I wasn't,
Q Was anybody else standing around you?
A There v/asn't nobody standing close to me but a lot of boys
was out there,
Q Well, how close were they to you? . -
A I don't know, sir,
Q Just standing there alone except for some boys that vi/ere a
little piece away from you?
Af I was just standing out there with the rest. The street
was just full of them standing all our,
Q And you don't know vi;hy you were standing there?
A I was standing out there — I v;anted to see what happened.
The boys hollered all about the Italians knocked out one of
the boys, I took they were up there fightingo
Q You didn't see any fighting going on v/here you v; ere standing?
A I did not,
Q But you continued to stand there for av/hile?
A After that jeep cane down and the jeep turned around, then I
went back in the barracks*
Q You stood there for several rainutes before the jeep arrived?
A Yes, sir,
Q You didn't see any fighting going on?
A No; sir*
Q, Why vjere you standing there?
A Just standing out tliere*
Q For several minutes?
A Yes, sir,
Q With nothing going on?
A No, sir.
Q Did you hear any commotion down in the Italian area?
A No, sir, I did not.
1365
Q Didn't hear any noise?
A No, sir. Some of the boys around there v/as talking,
Q, And you didn't hear any shouting down there?
A No, siro
Q And you didn't hear any rocks thrown against the barracks?
A I did not, slr»
Q No glass breaking?
A No, sir,
Q Didn't hear anything along that line?
A No, sir, I did noto
Q Hear any noise of any kind other than the blovdng of the
whistle that night?
A No ^, sir, I didn't, V/hen I went upstairs Just hear the boys
right there was talking, that's all; talking amonst them-
selves. I wasn't standing out there,
Q, Did you see Samiay Snow that night?
A No, sir, I did noto
Q You didn't see him brought in either?
A No J, sire
Q See Alvin Clarke that night?
A NOp sir; I did noto
Q, You didn't see him brought in anyv/here?
A No, sir,
^ Anybody standing in front of 719 v/hen you went down -- right
in front of the barracks?
A No, sir, v/asn't nobody standing there.
»
Q Nobody was standing there?
A No, sir,
Q You didn't see Addison George around there anywhere?
A I didn't see him no more after v;e all came dovmstairso
Q You didn't see Jesse Sims anymore after that?'
A No, sir,
Q Didn't see Sergeant Arthur Hurks after that?
A No, sir,
Q Now, when John Plnkney came up there where you s^ you were
standing, you could understand v;hat Plnkney said?
A Yes, sir,
Q You were close enough to hear him?
A Yes, sir,
Q V/ell, he was talking to the men that v;ere gathered around
1366
there?
A When he spoke those words he was talking to the man In the
jeep,
Q, Well, there were other men standing around there too at the
time?
A Yes, sir,
Q How close were you to Pinkney?
A A distance from about here to that heater, I Imagine,
^ Close to from where to where?
Defense: To the heater,
Q That heater (pointing)?
A Yes,
Q About twenty-five feet?
A I don't know, sir.
Trial Judge Advocate: That is about the distance, isn't it?
Defense: Oh, I think it is about twenty-five feet,
Q Well, was there a light there?
A No, sir, there v;asn't,
Q Hov/ did you know it was John Pinkney?
A He always speaks loud in the company, I knew his voice,
Q Oh, 'you knew his voice?
A Yes.
Q, That is the only way you knew it was Pinkney?
A Yes, sir,
Q You couldn't recognize him?
A No, sir,
Q You recognized the arm band that he was wearing?
A I didn't see no arm band,
Q You didn't?
A No, sir,
Q, How did you know he was doing M.P, duty?
A I don't know whether he was doing M.P. duty then or not,
Q You don't know that?
A No, sir,
Q Just recognized John Pinkney' s voice?
A Yes, sir,
Q Recognize anyboyd else's voice there?
1367
A No, sir,
Q Did you hear any man shouting to the other men "Stand back,
stand back; don't go down there"?
A No, sir, not at that present time I did not,
Q Well, after John Pinkney arrived there you didn't stay but
just a minute or two, did you?
A I stayed out there until the jeep turned around and went back
up the hill, Virginia Avenue. Then I went back in the
barracks ,
Q Where did John Pinkney go?
A I don't know,
Q And v;here did you last see John Pinkney?
A I didn't see him no more until the next morning.
ft And you v/ent back to your barracks then and then you saw Willie
Montgomery?
A Yes, sir,
Q And that was about how long after you had seen John Pinkney?
A Right after I went in the barracks, V/ent into the latrine,
came out of the latrine, and went back to Montgomery in his
bunk,
ft That was v/hat; three-four minutes, five minutes?
A I don't know how long, sir, it was, but it wasn't long.
Q Wasn't over five minutes?
A I don't knov;, sir,
Q Just long enough for you to go to the latrine and walk from
there up to your barracks?
A The latrine is right in the barracks. Went on into the
latrine and on into the barracks.
Q Yes, So you would say you saw Montgomery v;ithin a very fev/
minutes after you saw John Pinkney?
A After I come out of the latrine, yes, sir,
Q Well, now, that wasn't the question. See if you can answer
it. What I asked you was that it was a very fev/ minutes after
you saw John Pinkney that you saw V/illle Montgomery in his
bunk?
A It wasn't long after I came out of the street where Pinkney
spoke those v\fords there and went into the latrine, I went
into the latrine, into the barracks, and saw Montgomery,
Q How many minutes?
A I don't knov/,
Q As long as five minutes?
A I didn't have no watch, I don't know what time it was,
Q I know you didn't time yourself, but I assumed you want to
1368
give the Court v/hatever estimate you can make and that Is all
I am asking you for. If you can say shorter than five
minutes I will ask you to say so; if you can't, give us the
best estimate you can,
A I imagine I stayed in the latrine longer than five minutes,
A sir,
Q Then you v/ould say It was perhaps ten minutes before you saw
Willie Montgomery after seeing John Plnkney?
A I expect it was,
Q Do you knov/ when they brought V/illie Montgomery back from the
hospital?
A No, . sir, I do not.
Q You don't know when they brought him back?
A No, sir, I do not,
Q You don't know how ;lbhg:.i% -ilia s after the M.P.'s arrived down
there to break up that riot before Willie Montgomery come
back from the hospital?
A I sure don't. I ?/asn't out there when the M.P.'s arrived,
Q All right. Now, you said you took a look at Montgomery?
A I did, sir,
Q What did you see?
A I didn't see nothing. Just laying up on his bunk with his
eyes shut, just laying there,
Q, H is eyes were shut?
A Yes, sir,
Q, Well, you took a pretty good look at him, didn't you?
A I did,
Q, V/ell, did you notice anything about his head?
A No, sir, I didn't,
Q Did you notice whether he had a hole in his head?
A I didn't see any,
Q V/as his head bleeding?
A No, sir,
Q Well, after you took a look at Montgomery what did you do?
A I didn't do anything. Come on back up by my bunk where
Richard Sutllff was sleeping, and I got him up and I an
him and Stanley Balden went shooting dice again downstairs.
Law Member : Who?
The V/itness; I and him and Stanley Balden.
Defense: Say them again.
The Witness: Me and Richard Sutllff and Stanley Balden,
1369
went to shooting craps downstairs.
Defense: Stanley Balden and Richard Sutllff?
The Witness: Yes,
Q Well, you just took a look at Willie Montgomery and you
noticed his eyes shut, that Is all you noticed about him
and then you decided to go to shooting dice again?
A Yes, sir,
Q. All right, H ow long did you shoot dice?
A I don't know; not so long. We didn't shoot but just a few
minutes,
Q Well, you shot for just a few minutes?
A Yes, sir,
Q, Why didn't you shoot longer?
A I quit and went to bed,
Q You quit and v/ent to bed?
A Yes, sir,
Q V/hat made you quit?
A For one reason I quit, I just didn't like the way Stanley
Balden v;as shooting the craps,
Q V/hen you went to bed did you go right to sleep?
A No, sir, I didn't, not right then,
Q V/ell, did you hear any boys coming in from outside?
A The M,P,'s come in and asked for the boy that was hurt,
Q The M.P.'s came in and asked for the boy that was hurt?
A Yes, sir,
Q All right, V;ho showed him the boy that was hurt?
A Some of the boys was there in the bunks said, "Here he is
back here," and they went back there. Took him out of the
bunk and the last I seen him they were toting him out of
the barracks .
Q All right. And then they took Willie Montgomery to the
hospital?
A I don't know, sir, where they took him.
Q Do you have any idea what time of night that happened?
A No, sir, I don't, , ■ ^
Q, And after V/lllle Montgomery was taken to the hospital —
Defense: You are talking about the second time?
Trial Judge Advocate: That he is talking about, I am
not talking about any second time, noo
1370
Q After Willie Montgomery was taken by the M.P.'s did any boys
come in, return to the barracks?
A Yes, boys was coming ino
Q Yes. Any of them coming in?
A Yes, they was. Boys coming in»
Q Did you hear them talk any?
A No J sir^ I didn't,
Q You didn't hear them say anything?
A Just talking to themselves just like they always talking „
Q, They didn't talk about what went on down In the Italian area?
A I didn't hear anyone «
Q You didn't know what went on down in the Italian area, did
you?
A No, sir, I did note
Q You didn't ask any questions?
A I did not,
Q When you were standing out there and John Pinkney arrived did
you hear anything going on in the Italian area?
A No. sir, I didn't.
Q As far as you knew there wasn't anything going on down in the
Italian area?
A As far as I knew, there wasn't,
Q When was the first time you knew anything went on down in
the Italian area?
A The first time I knew?
Q The first time you knew,
A The next morning,
Q The next morning?
A Yes, sir,
Q You just went back up to your barracks and you shot dice and
then you went to bed?
AYes,slr,
Q But you didn't fall asleep right away, did you?
A No, sir.
Q You heard the M.P.'s come up and get Willie Montgomery?
A Yes, sir.
Q And you still hadn't fallen asleep?
A I was going to sleep vnien Lt, Sistrunk and the Major came in
and told those boys all to put out the lights, and Sergeant
Aubrey was standing in the barracks then. That is when I
1371
seen Sergeant Aubrey,
S^ About how long was that after the M.P.'s came and had taken
Willie Montgomery?
A I don't know, sir, how long.
Q Well, was it ten-fifteen minutes?
A I don't know, sir,
Q Was it as long as a half hour?
A I don't know, sir, how long,
Q V/as it as long as an hour?
A I didn't have no watch; I don't knov/ what time it was. I
wasn't keeping no time. I didn't know what time it was,
Q You don't knov/ whether that was fifteen minutes or an hour
after the M.P.'s came and got V/illie Montgomery?
A I don't know what time it v;as,
Q You don't have any idea?
A No, sir,
Q All right. Now, what was it you told the Court you heard
John Pinkney say down there?
A He say, "Boys you all here, you all standby; if you hear me
holler be sure and come"i
Q Well, what did you think John Pinkney meant by that?
A I don't know, sir.
Q You didn't knov/ what he meant by it?
A No, sir,
Q And you didn't ask what he meant by it?
A No, sir, I did not,
Q You just paid no attention to it?
A Because V'/hen the jeep turned around and went back up the
hill I V7ent back in the barracks,
Q About how many men did you see standing there in the inter-
section of Lav/ton Road and Virginia Avenue, somewhere near
that vicinity?
A I don't know how many,
Q As many as fifteen- twenty?
A I couldn't say. It was dark; I couldn't see,
Q I am sure it was dark, but you saw a group of men there?
A Yes, there was some men standing around over there with
Pinkney,
Q V/ell, could you tell whether there was as many as five?
A No, sir, I couldn't.
1372
Q You couldn't tell whether as many as fifty or as many as five?
A I wasn't trying to count no boys, I was just seeing what was
happening, --■',■'
Q I am sure you didn't, but I was wondering whether It was a
large or small group?
A It was dark; I couldn't see»
Q It was dark and you couldn't see?
A Yes.
Q So you can't tell the Court, can't give the Court any idea
a3'to that group of men?
A No, sir,
Q What did you think those men were doing there?
A I don' t know,
Q Didn't have any idea?
A No, sir, '
Q And you didn't ask any questions?
A No, sir,
Q You v/ent back up to the barracks to shoot some more dice.
Did you look around for Addison George?
A No, sir, I did not,
Q Did you look around for Jesse Sims?
A No, sir, I did not.
Q Look around for Arthur Hurks?
A No, sir,
Q Who else did you say you were shooting craps with? Oh, yes.
Did you look around for Vifillie Scott?
A No, sir,
Q Did you look around for Walter Jackson?
A No, sir,
Q Where did you think all those boys were?
A I don't know, sir^
Q And you didn't ask any questions?
A No, sir, I did not,
Q You got ahold of Richard Sutliff, though, somewhere at some
time and you went back to shooting craps again.
Defense: I am objecting to that, if the Court J?lease,
That isn't his testimony at all. He said he shot dice with
Richard Sutliff but he didn't say he went looking for him.
Trial Judge Advocate: I didn't say looking outside*
1373
Q All right. You went to shooting dice with Richard Sutliff j
that's right, isn't it?
A Sutliff was in his bed. He slept right by,
Q Oh, Richard was in his bed?
A Yes, sir,
Q And being in his bed it was easy for you to make contact with
Richard?
A Yes, sir,
Q. And so you asked him to get up and shoot some dice with you?
A Yes, sir,
Q Wasn't there anybody else in the barracks you could have shot
dice with besides Richard?
A Stanley Balden was standing there in the barracks,
Q Who?
A Stanley Balden,
Q You sau Richard Sutliff was in bed?
A Yes, sir,
Q Where di you shoot dice; upstal rs or downstairs?
A Downstairs,
Q IWell, where was this crap game going on that broke up, the
one that Addison George and Jesse Sims and Arthur Hurks were
in?
A Upstairs*
Q Upstairs?
A Yes, sir,
Q V\fhere do you sleep?
A Downstairs,
Q So this second crap game you are talking about went on down-
stairs?
A Yes, sir*
Q And you are sure that you and Richard Sutliff shot dice there
for about how long?
A It wasn't long,
Q Well, about how long?
A I don't know, sir, how long it was, but I quite on account I
didn't like the way Stanley Balden was shooting*
Q You told us about that, but I am wondering if you know about
how long you shot dice. Did you shoot as long as thirty
minutes?
A No, sir.
1374
Q, As 'long as fifteen minutes?
A No, sir, I don't know how long it was, but it wasnH long,
Q You wouldn't say v/hether it was as long as fifteen minutes
or' not?
A No, sir.
Q All right. But you are positive that it was that night that
you and Richard Sutliff shot dice?
A Yes, sin
Q All right. And the first time that you saw Willie Montgomery
that night was when he was lying in his hunk?
A Yes, sir.
Q And there was no one around him?
A No, sir.
Q, Why did you go and take a look at ?/illie Montgomery?
A Because the boys said that he was the one that knocked out
and that is why I went and looked at him, I thought maybe
he had a hole or something In his head,
Q, Who told you that?
A I don't kno?/ who it v/as spoke to me ,
Q When were you told Willie Montgomery had gotten knocked out?
A When we were upstairs,
Q When you were upstairs?
A Yes, sir,
Q ¥/hy didn't you go and take a look at Willie Montgomery then?
A I didn't knov/ v/here he was,
Q You didn't know where he vjas?
A No, sir,
Q Well, where was Willie Montgomery's bunk; upstairs or dovm-
stairs?
A Downstairs,
Q Towards the rear?
A I think his bunk was in the third bunk from mine,
Q Third bunk from your a?
A Yes, sir,
Q Well, after the crap game was over v/ith and you v;ent dovm-
stairs, why didn't you go and take a look at V/illie Mont-
gomery's bunk then to see hov; he was getting along?
A I didn't know v;here he was,
Q VJell, you didn't go to see whether he was in his bunk or noc;
A No, sir, I didn't go before. When I came downstairs I dldn' I
1375
go v/here my bunk is; I went out in the street.
Q Why did you go out in the street without going and taklns
a lojik at Willie then?
A I weut out to see v;hat vms going on*
Q And you had heard Willie had gotten knocked in the head.
gotten knocked out?
A I heard the boys went upstairs say the Italians knocked out
one of the boys. I don't know who spoke. That is why I
went out in the street. I thought they were fighting out
there «
Q You say one of the boys got knocked out. H ow did you find
out it was Willie Montgomery?
A I didn't know, sir, until I went into the barracks.
Q You mean you had been out in the street?
A Ye St,
Q And you stood there for awhile?
A Yes, sir.
Q And you heard John Pinkney talk as you have told us?
A Yes, sir , -
Q And you went back in the barracks?
A Yes, sir,
Q And you say that was the first time you then found out it
was Willie Montgomery?
A The first time,
Q All righto Who told you it was V/illie Montgomery?^
A I don't know, sir, who spoke to me.
Q How did you go about finding out it was Willie Montgomery?
A How did I go finding out it was him?
Q Yes, ^ • .
A Well, when I went in the barracks some of the boys in the
barracks said — I asked you got hurt — and they said that
boy Montgomery, and that is when I went and looked at himo
Q Who did you ask?
A I don't know who spoke to me,
Q Who was around there?
A ?/ho was in the barracks?
Q Yes,
A I don't know who all was in the barracks.,
Q Know any of them in the barracks?
A Did I know any of them?
1376
Q Yes.
A At the time when I v/ent In there?
Q Yes,
A Stanley Balden and Sutliff was in there, and more,
Q Well, who else?
A Warner 0, Anderson,
Defense: Warner 0, Anderson?
The Witness: Yes, sir,
Q And who else?
A T-5 Walter Kaufman, he was in there,
Q Walter who?
A Kaufman, Those the two toys I know was in there, because
they were in there drunk,
Q Well, tell us about someone who wasn't drunk that you saw in
there?
A Several boys, but I didn't go around in the men's bunks to
see all who was in there,
Q, Well, those two drunks weren't the two wholtold you it was
Wi.llie Montgomery that got knocked out?
A No, sir, I don't know who spoke to me,
Q But you didn't ask when you were out in the street and saw
that group of men, you didn't ask them who it was got knocked
out?
A I did not, sir,
Q You didn't even know what was going on?
A I sure didn't, sir,
Q Had no idea there was a riot going on in the Italian area?
A No; sir, I did not,
Q And you didn't know what John Pinkney had reference to when
you heard him speak the words you have told the Court?
A No, sir, I did not,
Q And you went back to your barracks and there for the first
time you found out Willie Montgomery got knocked out?
A Yes, sir,
Q How long have you known Alvin Clarke?
A Ever since we have been in the company,
Q Did you ever have any trouble?
A Nc;, 'sir a
Q You heard Alvin Clarke say he saw you down there In the area
with a stick in your hand?
1377
A I did, sir.
Q And you say that' is not true?
A It is really not, sir,
Q You didn't pick up a stick from this fence out here in front
of or to the side of the mess hall?
A No, sir,
Q Building 700?
A No, sir, I did not,
Q, You are sure you didn't pick up one of those clubs?
A I am positive, sir.
Q Alvin Clarke just wasn't telling the truth about it?
A He really wasn't,
Q You didn't even know there was a fight went on down there
until the next morning?
A No, sir,
Q And then you heard some of the boys talk about it?
A Yes, sir,
Q But all the boys you had been shooting dice with suddenly
disappeared, Addison George, Jesse Sims, Arthur Hurks, V/alter
Jackson; you didn't see them anymore?
A No, sir,
Q And you didn't ask of them that night where they had been?
A No, sir, I did not,
Q And you are positive that you and Richard Sutliff shot dice
that night after you returned to the barracks?
A I am,
Q Richard Sutliff is one of the accused in this case?
A Yes, sir.
Trial Judge Advocate: That is all.
Defense: I have no further questions.
President: Any questions by the Court?
Major MacLennan: Yes, sir.
EXAMINATION BY THE COURT
Questions by Major MacLennan:
Q Corporal Jupiter, you testified here today that in the game,
in the crap game that you and Sims were in, that Sims was
losing money? '
1378
A Yes, sir,
Q Do you know that for a fact because you were gaining?
A Yes, sir,
Q You were ahead. Then on the last roll when you "7'd out",
you lost that, didn't you?
A Yes, sir, ' 1
Q Do you know If that made Sims ahead or not?
A Sir?
Q Would Sims be the winner then; was he ahead on the game?
A No, sir, Sims was losing,,
Q He was still losing after you "7'd out"?
A Yes, sir,
Q When you saw Willie Montgomery on his bunk -- \
A Yes, sir.
Q — (continuing) in 719 —
A Yes, sir. I
Q -i- (continuing) do you know if he had already been taken to
the hospital and brought back?
A No, sir, I do not,
Q, You don't know?
A No, sir,
Q, Now, did you Say that the M.P,'s came into 719 and took
Willie Montgomery away?
A Yes, sir.
Major MacLennan: That is all. Thank you, ^
Questions by Lt, Colonel Stetcher:
Q Did I understand correctly the jeep came down Virginia Avenue
to Lawton Road and stopped?
A Came down Virginia Avenue to Lawton road and then turned off ^
up Lawton Road,
/
Q And stopped?
A Yes, sir , ' -
Q Who talked first, Pinkney or the M.P. to Plnkney?
A I think Pinkney was the man went up to the jeep and stopped
and was talking to the man in the jeep,
Q All right, ¥7as the jeep still there when Pinkney called
out, "You all stand by, and If you hear me holler, you come"*?
A Yes, sir,
Q, The jeep was still there?
1379
A Yes, sir,
Q, Who was he talking to?
A I don't know, sir, who he was talking to, but after he spoke
those words the jeep turned around in that vicinity of the
578th mess hall and went back up the hill,
Q And went back up the hill?
A Yes, sir,
Q And back up Virginia Avenue?
A Yes, sir,
Q What did Pinkney do after that?
A I don't knov/, sir,
Q What did he mean, "You all stand by and if you hear me holler']
did he continue standing there?
A I don't know whether he got in that jeep with that man or no»
Q You don't know whether he got in the jeep or not?
A No p sir. All I know he spoke those words and after the jeep
turned around and went back up the hill, I went back in the
barracks,
Q And you didn't see Pinkney after that?
A No, sir.
Presidents Any further questions? There appear to be none.
The witness may be excused.
There being no further questions, the v/itness was excused
and resumed his seat as one of the accused.
Assistant Defense: We will call Booker W, Thornton.
The Witness: I am sorry, I am unable to salute.
Law Member J Thornton, it is my duty to advise you of : '.
certain rights you have as a witness in a military court-raartial .
The Witness: Yes, sir.
Law Member: You may be sworn as any other v/itness. If you
are so sworn, you may be cross-examined by either the Trial
Judge Advocate or by any member of the Court, If you don't want
to do that you can give an unsworn statement. This can be given
by you personally or by your counsel, and orally or In writing,
and you are not subject to cross-examination of any matter
contained in said unsworn statement. It is not strictly evidence
but the members of the Court give it such consideration as they
see fitc Or, lastly,-, you may remain absolutely silent and say
nothing J make no statement, sworn or unsworn, and in such case
if you do elect to remain silent, the fact that you do cannot be
used against you. Now, do you -understand those instructions?
1380
V-
The ?/ltness: Yes, sir, I do, sir.
Law Member: And have you talked it over with Major Beeks?
The V/itness: Yes, sir.
Law Member: And you elect to be sworn as a witness, is
that correct?
The Witness: Yes, sir.
T-4 Booker W. Thornton, 650th Port Company, a witness for
the defense, was sworn and testified as follows:
Trial Judge Advocate: State your name,,
The Witness: Booker W, Thornton,
/
Trial Judge Advocate: And your grade.
•
The Witness: Technician T-4,
Trial Judge Advocate: And your organization.
The Witness: 650th P^rt Company.
Trial Judge Advocate: Your station.
The Witness: Port Law ton, Washington,
Trial Judge Advocate: You are one of the accused in this
case?
The Witness: Yes, sir.
DIRECT EXAMINATION
Questions by Defense t / , .
Q How old are you, Sergeant? • ' • .
A 37, sir.
#
Q How much schooling have you had?
A Grammar school; 5th grade.
Lav/ Member: What grade?
The V/itness: 5th grade; grammar school.
Q Married?
A Yes, sir.
Q Any children?
A One child.
Q What was yovir civilian occupation. Sergeant, before you went
1381
into the military service?
A I was a brake mechanic for the Firestone Tire and Rubber
Company, sir.
Q, When were you first inducted into the military service?
A It was in November, sir, I think it was the 6th; l9^3.
Q since that time have you had an^^ overseas service?
A Yes, sir, I have, sir.
Q, Without naming the particular place , where were you; tell
the Court where you served overseas; what area?
A Southwest Pacific.
Q, You went over there since August jk-?
A Y9S, sir.
Q What was your grade on August I^^ of this year. Sergeant?
A Technician; T-5.
Q You received a promotion since? .:
A Yes, sir, after i got overseas.
Q iphat is to your present grade?
A Y6S> sir.
Q, You mentioned to the Court this morning you were unable to
salute the President, why is that?
A Because I got hurt in 193^ playing baseball. Then I hu^t
my arm again the 9th or lOth of July over here at Fort
Lawton.
Does yc^r arm still bother you?
A Yes, it doesj sir.
Q Any of your company officers give you a certificate to that
effect to present to officers whom yOu m.ight meet and are
unable to salute?
A Yes, sir, I went to the orderly room and they give a slip and
I went to the dispensary llOi 5
Q Now, Sergeant, calling your attehtion to the night of August
iH- of this year when there waS trouble between colored
soldiers and the Italian?, where were you on that night when
you first learned there was difficulty?
A I was in the latrine in building 719 shaving*
Q Now, is that your barracks, 719?
A Y®s, it is, sir.
Q And what first called it to your attention?
A I heard a lot of noise.
Q Well, what kind of a noise did you hear, Seatgeant?
A Well, sir, I thought it was the boys putting each other out
t-
I3S2
of each other's barracks.
Q What did you do?
A I just continued to shave, sir.
Well, for how long a period of time aT)t>roximately did you
shave?
A Take me about ten minutes "because I had to use my left arm.
Q. well, then, what did you do?
A Then I went upstairs in my bunk, sir.
0, Your bunk was upstairs, was it?
A Yes, sir, in building 719*
Q All right. Go on and tell the Court what you did next.
A Then I laid my shavin?? kit up on my bunk. T-5 Wesley Williams,
I told him, I say, "What is goin? on outside?" He say, "There
is a fight out there," so I told him I was going down to
see. H© advised me to stay in, and I told him, I say, "I
don't think there is any harm because the M.P.'s is down
there".
Q ?/hat did you do?
A Then I went on downstairs. Stopped out in the road in front
of building 719. Then I started toward the 700 mess hall,
and I got at the comer of 7OO mess hall and John Pinkney
and the M.P.'s turned me around.
Q After they turned you around, what did you do?
A Came on back to my barracks; went upstairs.
Q You went upstairs in your barracks?
A Yes, sir. ■
Q Did you ever go out of your barracks again that night?
A No, sir.
Q, You told the Court you got about as far as 573th mess
hall. Let's go over here on the map here and se^ if you
can show the Court about how far you srot. Use your Irft
hand to point. Are you familiar with this map? fhis is
Prosecution Exhibit 2, Sergeant; this building is 7I9>
your barracks ( indie =iting)?
A Yes, sir.
Q T^is building here, 7OO, is the 572th mes^' hall; the area
bounded hers' by Wyominr Avenue and L^wton Road is •'■hs Italian
area (indicating).
A yes, sir.
Buildinc^ 663 over here is one of -t-hoso black barracks that
is also occupied by the 650th ^^ort Company. This is Lawton
Road running down the hill (indicatin-) .
A Y®s, sir.
I3S3
Q All right. Now you show the Court approximately how fair you
got that evening.
A About the corner hero, sir (indiOEiting) ; about six-seven
feet.
Q About six-seven feet beyond the west end of the 700 mess hall?
A Yes, sir. John Pinkney and the white M.P. were standing;
there, sir (indicating).
Q I want you to tell the Court, Sergeant, whether or not you
were ever down inside the Italian area at any time that night.
A No, sir, Lintil the day that the Oourt first went down there
is the onliest time I was in +he Italian area.
Q Do you know Corporal King —
A.' Yes, sir, I do, sir.
Q, I want you to tell this Court whether or not you ever had a
conversation with Corporal King —
A No, sir.
Q Just a moment. — (continuing) in which you said, in words
or substance, that you should hit him?
A No, sir, I didn't, sir.
Defense: I think you may examine. Counsel.
CR0SS-EXA:.!INATI0N
Questions by Trial Judge Advocate:
Q How long have you known Corporal King?
A Ever since the 650th Port Company was organised.
Q, Ever have any trouble?
A Y3S, sir.
Q A whole lot, I guess.
A No, sir, wasn't a whole lot.
Q Any personal encounter or personal difficulty?
A Well, him and I had a lit+le difficulty once, so I didn't have
anymore to do with him.
Q You didn't have anymore to do with him?
A Ndi, sir.
Q, Did you ever have any difficulty with Jesse Sims?
A Jesse Sims?
Q Yes, sir.
A No, sir, I never associated xvith him.
Q Never associated with him?
A No, sir.
Q Never any trouble between you and Jesse?
A Wo more than I usod to see him in crap shames and start arsiu-
monts over little small bits.
Q Well, you weren't in those eamos?
A Sometimes I v/as.
Q Never had any serious ar2:uraeiit ot anything?
A With Sims?
Q Yes, sir.
A No, sir, /because I always made it my business not to get in
no fight or nothinp-. I wouldn't have no aro-uments with him.
Q So as far as your relations with Jesso Sims were concerned
you had no dif Piculty with him?
A No, sor*
Q Well, you hoard Jesse Sims say that he saw you on the way out
from that Italian area and that you said you knocked the hell
out of one twice.
A Yes, sir.
Q, You heard him testify to that?
A I did.
Q And that is untrue, I guess?
A Yes, it is untrue.
Q Now your Counsel asked you about Kinff, about your having
made a statement to Kins: as to the effect you ought to hit
him. Now, you heard Corporal Kine: say he saw you standing
there at the front door A of the orderly room: you heard
Corporal King testify to that?
A YOB, sir, I did, sir.
Q And that is untruo too?
A Yes, sir.
Q You had got+en clear beyond the 57Sth mess hall before you
turned around and came back?
A 700 mess hall, 572th Company.
Q 57Sth Company mess hall?
A Yes.
Q Number 7OO on the Prosecution Exhibit 2?
A That's right, sir.
Q Why did you go down there?
A Because I wanted to se- what the trouble was.
Q Well, you knew that there was some trouble soina: on do^Tn there
while you were shaving?
A No, sir, I did not know that there was no fight going on then.
Q, You didn't know a fight was going on while you were shaving?
I3S5
A No, siTc
Q wlia'-. did you think was going on when yoii were shaving?
A Wel'^ , tne boys have a habit of putting each other out of tlB
barracks when they come over to different barracks; grabbing
thoiri. They had a habit of putting another one out of each
others barracks.
Q Couldn't you hear the noise from the direction of the Italian
area whon you virere shaving?
A Nc% sir J bejauee the J.at-rine door was closed.
Q You are sure o± tha.t; you weren't hearine: that noise?
A Yes, sir,
Q, Well; what did you hear after that that made you want to go
. do-rn to the area?
A What did I h^ar after that?
Q Yeyc
A I heard a lot of voices outside.
Q All right, what else did you hear?
A When I heard the voices outside; when I was upstairs then in
my bunk?
Q Yes^ what else did you hear?
A Then 1 went down to see for myself.
Q Well, what did you hear that made you want to go down and see
for yo-.irselfv
A I didn'';- hear anything. The onliest thing I seen was the
M.Pt's ar.d the ambulance.
Q That is all that you saw?
A Yes. I didn't hear no noise whatsoever. Just a whole lot
of soldiers.
Q. Of course, the arabaianoes were out in the street?
A No, sir, going dr^n. in ■il.c'e.;
Q Going down Lawton Road —
A Going both ways ,
Q Going down Lawton Road?
A Yes ; both ways
Q Towards the Italian Area?
A Yes, sir.
Q And you saw that?
A That's right; sir,
Q Well^ you hadr. -t se^n that at xhe tine that you were upstairs
talking to ■■■i-lsjn ¥i,i LI:* airs?
I3S6
A iWhen I came out the ambulances were going in then.
Q Came out from '."here?
A Came out in front of "building 7l9j O"^* iii the road.
Q Yed, but you talked to Wilson Williri-ms upstairs?
A That's right; because he &iept in the next bunk to me.
Q That's right. When you talked to Wilson Williams upstairs
What was it that made you want to go down to the
Italian area?
A I didn't want to so down to the Italian area. I went outside
to 9 63 what was going on, and after I see the ambulances and
;ieep8 going down that way I knew it must have been down that
way.
Q What did you say to Williams?
A To William A. Wilson?
Q To Wilson A. Williams, isn't it; It is not William A. Wilson?
A Yes, sir, William A. Wilson.
Q What did you say to him?
A I told him I v;as going down to see what was going on. He
gave me advice not to go.
Q Where do you mean; eo whore?
A Downstairs in front"of 719. That is where all the noiso
was coming from; from the road up in the building.
Q Did you tell him why you wanted to go down?
A Sure; I wanted to see what the trouble was,
Q You wanted to see what the trouble w?.s?
A Yes, sir.
Q And Wilson told you not go?
A That's right.
Q Did he say why he didn't think you should go?
A Beg pardon?
Q Did he say he believed you should not go?
A No, sir, he did not.
Q, What was there wrong about your just going downstairs?
A What was there wrong?
Q Yes.
A With my going downstairs?
Q Yes.
A Wasn't anyt hing wrong for me just going downstairs.
Q Well, didn't he say to you, "If I were you, Booker, I wouldn't
go"?
I3S7
A that's right, sir.
Q And didn't you say you believed there wasn't any harm in it?
A Yes, sir.
Q All right. Now, was there any doubt in your mind or in his
mind about your just going downstairs?
A Well, sir, as I say, the boys play so much I take it for
granted they were out there in the front put+ing someone out
of the barracks.
Q Well, there wouldn't bo any harm in your going down there to
see the boys playing, would there?
A No, sir, no harm at^'all.
Q, But there was conversation between you and Wilson and some
question as to whether it was advisable for you to go down
or not?
A William A. Wilson?
Q yes.
A There was not, sir.
Q Well, you told him you were going down?
A That's right.
Q And didn't you tell him you were going down to see who got
hurt?
A No, sir, I didn't; I was going down to see what was going
on outside.
Q And he told you if he were you he wouldn't go?
A That's right, sir.
Q And you said you believed there wasn't any harm to it?
A Yes, sir, I told him I don't think there is no harm because
the M.P.'s are out there.
Q And Wilson didn't tell you why he thought there might be
harm in your going down?
A No, sir, because he wasn't there by the building.
Q And the only noise you heard when you were shaving was
what?
A A lot of noise. I thought the boys were put+ing each other
Out of the barracks.
Q That is all the noise you heard?
A Yes, sir.
Q Now, when you got doiTnstairs, though, you found out that it
wasn't Just a bunch of boys playing?
13.33
i
A I knowed there was something ^Ise wrong "because a lot of ^
police was all over the area, ]
Q, Tl^fhen you found out it wasn't a bunch of boys playing i
why didn't you go back upstairs?
A I wanted to see what was the trouble, sir. \
Q Then you wanted to see what the trouble was? |
A Thaf's right. • • , . - ., ']
\
Q And what did you do then? -i
A Started towards the Italian area, what they call the area
back that way, and got to the mess hall.
Q, And at that time you knew there was some trouble in the
Italian area?
A After I seen the ambulances and M.P.'s.
Q 4nd then you deceided to go down there?
A And then I deceided to go down there?
Q yes. _ \
A Sure, to see what was wror^. -j
Q Well, what did you take along with you when you deceided to \
go? 3
A T/[y hands . • ^ -•
Q You didn't t ake any standard equipment with you?
A i^jO, sir.
Q just your hands?
A I just got one in shape at the time. ;i
Q Well, your arms are in no better shape today than they were
at that time?
A The same now.
Q And has been the same for months? i
A About eight years. - 1
Q And you are still in the Army? \
A Yes, sir, they still ^ot me in the Arsy* \
Q, Been no difference in the condition of your arm today than j
it was on August l4-? i
A No, sir. j
Q And you say your arm has besn that way for about eight months? j
A Eight years. -
0, I mean eight years .
A Yes, sir, but i rehurt it on the 9th or lOth of July.
Q But that has given you plenty of chance to develope your other ■
handj your left arm?
A You can't do nothing Tsrith your left hand if you are right
handed.
Q, gut in eight years time you can pretty well learn to do i
something with year left hand. •
A Yes, the same thing as you can pick up, sure.
Q E'u.'fc ycu oar. wield a sticK with your left hand, can't yoist? ,
A No, sir. i
I
Q All righb. Now you started, down to that area, you say, . i
and the M.Pc(b ran you back?
A That's right; the M.P.'s. One xvhite M.P. and john Pinkney. .|
I
Q, Anybody else around there at the time 3^ou got run back? J
A yOu mean m the area? "3
Q, Anyone close to you?
A Oh, yes, a lot of guys going and coming. .1
!| You saw some coming from Lawton Road going back up towards i
the barracks 7I9j you saw some of them going in this i
direction (indicating on map) ? \
A No, sir, they wasn't on Lawton Road.
Q Tlhere were they^,
A Between those other barracks, a lot of them.
Q All scattered between 703 and 7O9?
A Back of 700. .
1
Q Back of 700? . j
A yes, sir. '^ 1
Q gack of it here (indicating on map)? -\
A In between. Kind of like a lot out here (indicating). Like _|
a lot of them in here and on the sidewalk (indicating). 1
Q Between 701 and 700? |
A YeS, sir, and going down Virginia. '
Q Between Virginia and Wyoming Avenue. This is Wyoming here .
(indicating;* And between 7OI and 7OO, ]
A These two buildings (indicating) and the building down by the |
px. :|
Q Well, did you see any soldiers standing over here close to ]
703? . I
A No, sir, I didn't get that far. '!
Q You didn't get th.at far?
Q, Well, you got, you say, ]ust bevond the corner of 700:
just behind 700?
1390
A Six-seven feet there.
Q six- seven feet?
A Yes, sir, -- '
Q, Yoii could S03 from here over to 70S?
A It was dark.
Q You couldn't even see anything moving?
A See light from the jesps"" -vnd ambulances,
Q You couldn't see people moving around over there?
A M.P.'s. i
Q You could see some M.P, 's?
A Sure, because when they pass in front of a jeop thier insigni'-- |
would be on the arm. See an M.Pi had a white rope. 1
Q When somebody passed in front of a jcsp you could bbj them I
too? I
A Sure, if they had a pass, j
C-; A pass?
A Yes. ' ■
Q You mean to tell us it takes a pass for you to recognize
somebody who passes in front of a jeep?
A Pass in front of the light you can tell, but if they did not ]
pass you can't tell. ]
Q Did you see any persons around there other than M*P,'s?
A No, sir, I didn't.
Q. Just M.P.'s. All right.
A At the time I seen all of them; they wore all in the road.
Q, And you say they ran you back? ^
A That's right, sir. |
-I
Q And did you go right back to your barracks then? j
A Yes, sir, I did, Sir. , •
3
Q Did you go right to sloop after you returned to the barracks? ?
A No, sir, I didn't go right to sleop.
Q What did you do?
A Because Lt. Sistrunka and a major c-^jr.e up.
Q Well, they didn't come -up until quite some time after you
returned to your b?.rraclcs, did they^
A- I don't know what time they cime up, but I knov; I was upstairs
when they came upstairs.
Q Yes. But now let's ses; Lot's sec what you did after you got
back to your barracks. How longwas it before you went to bed
after you returned to your barracks?
I39I
A About eight- nine minutes. i
Q Eight-nine minutes. When you went to bed after that eio-ht- 1
nine minutes did you fall asleep? ° 1
A No, sir. > ^ ]
. .. , j
Q You were awake for a while? 3
A That's right, sir. j
^ &\nli^}rl: J^J ^^i^i *^Q eight-nine minutes you awaited -
AW 2 IT^ ''^''^ ^° ^^^ ^^^ *^^ several minutes that you were
Awake after you went to bed, did any boys return to the
barracks?
A Not upstairs.
Q Not upstairs?
A No, sir.
Q Nobody returned to the barracks upstairs: that is your \
testimony? *- > j^^
A Yes, sir. j
Q And you were in 719? t
A That's right, sir. Slept in the fourth bed on the left as
you go upstairs.
Q pp.6, how long were you awake? i
A Oh, I imagine maybe a half an hour, sir. !
3
Q Were the lights on when you returned to your barraaks? 1
A There was two lights on the side I slept on. |
Q Did you see anybody in your barracks when you returned? I
A You mean back upstairs? j
YeB,^sir. j
A Plenty of boys up there.
Q Quite a few boyfi there? '■ i
A Yes, sir. 1
Q By that time the riot was over down in the Italian area?
A It was over before I eveh got to the corner of 7OO ness hall.
Q How did you know that?
A Because the M.P.'s was down in there and I am qiiite sure it
was over; the M.P.'s were down in there.
Q In other words, just because the M.P.'s were there is that
why you said the riot was over?
A Beg pardon?
\
Q I say just because you saw the M.P.'s there is that reaison you
said the riot was over at that time?
A Well, any time that yao. see a bunch of M,P»»s in an area or
1392
anyplace, that is done for protection; what they say, you got
to do that.
Q The truth of the mat + er is, the rea»-on you say the riot was
over then was because you were right down there in that
orderly room at the time and you knew the riot was over.
A The only time I been in that orderly room is when I went
through with the Court.
Q And you weren't there on the night of August l^■?
A No, sir.
Q And you dldn'fdaave a club in your hand?
A No, sir, I didn't. ...
Q And you didn't meet Corporal King and tell him you ought to
jump on him or hit him because he went on and helped some of
the bleeding ItaliEin boys?
A NO, sir.
Q That wasn't you? ^ '
A No, sir, it wasn't me.
Trial Judge Advocate: That is all.
EXAMINATION ?:Y THE COURT
Questions by the President:
Q ihat is the matter with your arm?
A I got it hurt playing baseball. It is a fractured bonej it
is splintered. They take several X-rays here and ttold me
they wouldn't operate on it and wouldn't take me to the V,:.?r^•irr^^l
hospital.
President: Any other quest ions? There apiDear to be none.
That is all. Sergeant.
There being no further questions, the witness was excused
and resumed his seat as one of the accused. ..
Assistant Defense: Freddie L. Simmons.
Law Member: Corporal Simi-nons, it is my duty to advise you
of certain rights which you have in a military court-martial.
You may be sworn as a witness in your o-;7n behalf the same as
any other witness. If you are so sworn, you are subject to
cross-examination by the Trial Judge Advocate and by the members
of the Court if they see fit to question you; or, you may make
an unsworn statement, either orally or in writing, and given
either by 3/ourself or by your counsel. If you give such an
unsworn statement, you are not subject to cross-examination for
any matters contained therein. Lastly, you may remain absolutely
silent and make no statements, sworn or unsv^orn, and if you do
elect to remain silent, the fact that you do cinnot be used
1393
Q, Married?
A Yes, sir.
-1
i
I
HLgainst you. You understand those three alternatives you h'xve? J
Corporal Sismons: Yes, sir*
Law Member; You have talked it over with your counsel, i
Corporal Sirmons: Yes, sir. j
1
Law Monber: And you elect to be sworn as a witness? ;
i
Corporal Simmons: Yes, sir. I
T-5 TTreddie L. Simmdns, 650th Port Company, a witness for
the defense, was sworn and testified as follows: |
Trial Judffe Advoo?^te: St?.te vour nar.e. '>
The Witness; Freddie L. Simmons. • ' j
Trial Judsce Advocate: And your crrade? 1
- .. .>
The Witness: T-5 •!
l
Trial judge Advooite: Ypur organisation. - , .'• -\
The Witness; 650th port Company. "' —
Trial judge Advocate; Station.
The Witness : Fort Lawton. - ,. -
Trial Jd'lge Advocate: You ^xe one of the accused.
The Witness: Yes, dir, ^
'I
Trial Judge Advocate : You speak up so the Court can hear ;i
you now. \
i
Law Member: Speak loudly* ' «
DIRECT EXAMINATION -
Questions by Defense: ,
Q. I
Q How old are vou. Corporal ? ]
A 35 . j
Q And where is your home?
A Bradley, Texas, is my hornet
J
Q, You got to speak up- Th3 Court can*-; hear you yet. \
A Bradley, Texas, is my i-oj^e., \
139^
Q What was your civilian occupation before you were inducted
into the army?
A Truck driver.
Q, Have you had any overseas service since you have been in the
army?
A Yes, sir.
Q Without mentioning the particular place you were, what area
were you in?
A Southwest Pac&cic,
Q, Down in the Southwest Pacific?
A Yes, sir,
Q, When did you first go over?
A On August' — sometime in August, sir.
ft
Q In August of this year?
A Yes, sir.
Q TP/hen did you come back?
A November 2nd.
Q November 2nd, Can the Court hear him?
A NovemlErer 2nd.
Q Speak up that way every time and we won't have any trouble.
Now, calling your attention. Corporal, to the night of
August iM- of this year when there was difficulty betwesn the
colored soldiers and the Italians, tell the Court where you
were at the time you first learned that such difficulty took
place?
A I was in my barracks. The hext morning was when I first
learned it, sir.
Law \fember: It was what?
The Witness: In my barracks; the next morning when I first
learned.
Q The next morning?
A yes, sir.
Q what barracks did you have?
A 719.
Q, YOU slept upstairs or slept downstairs?
A Downstairs.
Q Downstairs. About what -i-Sine did you gD to bed that night,
Corporal?
A About x<^:00> sir.
Q About 10:00?
1395
A Yes, sir.
After you went to bed do you have any idea about how long it
took you to go to sleep?
A NO, sir, I don't.
You eventually weiit to sleep, did you?
A yes, sir.
Q, Did you Wake up anymore that night?
A No, sir, I didn't.
Q I want you to tell the Court .Coporal, whether or not at
any time daring that night of August 14- you were down in the
Italian area?
A NO, sir, I wasn't.
Q, Tell the Court whether you ever made the statement to anyone
at anytime that an Italian liked to have got vou?
A No, sir, I didn't.
Defense: You may examine, counsel.
CROSS'^XMnNATION
Questions by Trial Judge Advocate:
Q Corporal, you went to sleep somewhere around 10:00?
A Yes, sir, somewhere.
Q And you slept soundly ?„11 night lonT,
A Yes, sir.
Q. The next morning after a good sound restful night of sle^^p
you woke up and then for the first time heard that something
had happened? ■ ■ ■
A Yes, sir.
Q Down in the Italian area?
A yes, sir.
Q Now, Cop poral, you understand that you are under oath, of course?
A yes, sir, I do, sir.
And you are telling the Court the truth?
A Yes, sir,
Q You want the Court to believe that you didn't wake up any
that night?
A yes, sir.
Q And if that isn't the truth, if the fact that you didn't
wake up that night, if that isn't the truth noghins you are
+elling the Court is the truth?
1396
Defense: I submit that is an improper question.
I,aw Member: Objection sustained.
Q you are sure of the fact you didn't wake up that ni5:ht?
A Yes, sir,
As sure as you are ofl anything else you have told the Court?
A yes, sir.
just as sure of that as that you weren't down in the Italian
?rea that night.
es, sir.
Q, jUSt as sure of it. Well, when you c=une back from overseas
you remember Majar Manchester talked to a few of you men?
A ^es, sir.
Q, Had you together and he told you you would have a chance to
write your version of what you knew about this mat+er?
A ^es, sir.
0, And you did sit down and write a little?
A yes, sir.
Q Very little, tljough, what you wrote? 'i^
A All I knew about it, sir. >
Q ^es, You knew very little about it so there was very lit+le
you could write.
A Yes, sir. " ■
Q, Now, didn't you in that little something tha,t you wrote say'
that after you went to bed you woke up because there was noise
going on outside?
A Yes, sir.
Q You didn't say that?
A No, siri
Q Well, let's take a look at this lit+le note you wrote (handing
Tjaper to witness). That is all in your own handwriting?
A Yes. _^ , " ■
Q And it is dated November 2nd, iSk-^-, isn't it?
A Yes, sir.
Law Member: What is the date?
Trial Judge Advocate: November, 2, 19^1^. •
Q You wrote every bit of that, didn't you?
A Yes, sir, I believe so.
trial Judge Advocate: I of ^er it in evidence.
1397
^»
Defense: No objection.
Law Member: The sta,tem8nt is received in evidence as
Prosecution Exhibit k-^-c
A Statement is marked Prosecution Exhibit kM- ?.nd received
The Trial Judge Advocate then read Prosecution Exhibit 4-^
to the Court.
Q NOW, that is your statement?
A Yes.
Defense: There is no objection to the typwritten copy.
Trial Judge Advocate: yes.
Law Member: we will mark the typwritten copy too the same
number.
Trial Judge Advocate: No further questions.
Defense; I have no further questions.
President: Any questions by the Court? If not, the witness
will be excusedi That is all, Simmons.
There being no further questions, the witness was excused
and resumed his seat as one of the accused.
Defense: If it please the Court, it is now six minutes to
twelve o'clock. Would the Court care to recess?
President: We will recess until 1:30.
The Court thereupon recessed at 11:50 o'clock a.m., and
reconvened at 1:30 o'clock p.m., II December 1944,
President: Is the prosecution ready to proceed?
Trial judge Advocate: The prosecution is ready to proceed,
yes, sir.
President: is the defense ready?
Defense: The defense is ready, sir.
President: The Court will come to order.
Aroll call of the accused was then conducted by the
Assistant Trial Judge Advocate.
Trial Judge Advocate: Let the record show each of the
accused is present, all members of the Court are present, the
personnel representing the accused and the personnel of the
prosecution. ..
1392
The reporter was also present. '
Assistant Defense: Private Elva Shelton.
Law Memeraber: Private Elva Shelton, it is my duty at this time
to advise you that you have certain rights as an accused in a
military court-martial. You may be sworn as a witness like
any other witness and give testimony under oath. Your testi-
mony is then a part of the evidence and will be coiisidered by
the Court as such- You will then be subject to cross-examination
by both the tL'_a'i Judge Advocate and by members of the Court.
Or you may ±ake an unsworn statement in denial, exjilanation or
extenuation of the of!ense charge.. This unsworn statement can
be made orally or in writing either by yourself or to your
counsel. It you :.nake such an unsworn statement you cannot be
cross-examined on any matters that are contained therein, jt
is not strictly esridence but may be given such consideration by
the memembers of the Court as they se? fit. Or finally, you may
remain aosolutely silent , and make nO'-:Statemsnt whatsoever either
sworn or unsworn, and if you do remain silent, the fact that you
did so cannot be used against you. Do you understand what I
just s?„id to you?
private Shelton: yss sir.
Law Memember; And concerning what your intentions are in
this case, you have talked it over with your counsel?
Private Shelton: yes, sir.
Law Member: And you want to be sworn as a witness and
testify in your own behalf?
private Shelton: Yss,sir.
Law MSJ^l^s^: All right. Colonel Jaworski.
Private Elva Shelton, Headquarters and Headquarters
Detachment No. 2, Camp George jorden, a Witness for the defense,
was sworn ?.nd testified as follows:
Trial Judge Advocate; State your name.
WJiSnlitness: Private Elva Shelton.
Trial Judge Advocate: Your Organisation.
The Witness: Formerly 650th ijort Companyr.
Trial Judge Advocate: And your station.,
The Witness: Eort Lawton,
Trial judge Advocate: You are one of the accused in this
o-se?
1399
The Witness: Yes, sir.
DIRECT-EXAMINATION
Qaestions by Defense:
Q Shelton, do you think you can talk louder than you are
talking right now?
A Yes, sir.
>
Q All right, Qow old are you, SheltonJ
A I am 20
Q Where is your home?
A St. LO"^is, Missouri.
Q HOW much education have you had?
A Three years high school, sir.
Q Three years high schools In St. Louis?
A yes, sir.
Q, Now did you h--.Ve a civilian occupation befoer you were in-
ducted into the Army? •- ., ■
A j:es, sir. -.
Q, What did you do?
A t; was a machine operator for a furniture company.
Q, A furniture company?
A Yes, sir.
Q When were you inducted into the Army?
A January 15th of this year, sir.
Q Do you have anybody dependent on you for support?
A ves, sir.
0, il\lho?
A My mother and three sisters.
Trial Judge iLdsjocate: Oh, I don't think that is ij^aterial
evidence, if the Court please. I have been very liberal and
not made any objection to past history, but I don't think we
ought to go into matters of that kind.
Law Member: It may stand. Don't pursue it further.
Defense: What is the Courts ruling?
^aw Memember: Continue; but don^t pursue that subject further.
Defense: I was through, if the Qourt please.
Q Now, calling your attention, Shelton, to the evening of
August iH- of this year, that is the evening that there was
diffiouljry between the colored soldiers and the Italian
soldiers at Fort Lawton, where were you when you first
learned that there was trouble that evening?
A In my barracks, sir.
Q iniat barracks did you occupy?
A Barracks 668
Q ^6g? ' :
A Yes, sir. - •
0, Jhat is one of the black barracks?
A Yes, sir.
Q pfow long had you been in your barracks at that time?
A All evening after chow, sir.
Q . All evening after chow. What time was chow?
A Chow is usually at 5:30, sir.
Q, Well, what is the first information you had that there was
trouble that night?
A Well, sir, the first time I knew just what really happened
that night was the next morning at our formation.
Q What time did you go to bed that night, Shelton?
A Well, I went to bed after the D turned off our lights.
Q Well, did you know that night there was anything unusual
taking place or not?
A Well, sure, i had an idea that something unusual was taking
placB.
Q Well, tell the Court what gave you that idea?
A Well, from the noise i heard outside I had just an idea that
something was unusual; that, you know, don't generally
happen.
Q What were you doing at the time you heard that noise?
A Well, I was writing letters.
Q You were writing let+ers?
A ;Xes, sir.
? £^J y°^^continue writing letters or did you do anything else?
A Well, after finishing writing letters, sir, I besin to'pack
mu duffle bag.
Q Did you ever go out of your barracks ".l.at ni^ht?
A vio, I never went out c-tf :ny barracks _
Q I wgjit you to tell the Court, Shelton, whether or not you wore
ever at any time that night down in the Italian area?
r- • .- —
A NO, ^ir. , • .,
Q, Would you tell the Court whether or not any time that night
you struck anyone?
A No, sir, I didn't.
Q Now, Shelton, didyou go through this show-up that they had
down there at Camp Jordan?
A Yes, I did,
Q Were you ever identified down there by anyone?
A No, sir.
Q When is the first time that you were identified hy anyone
that you know of?
A Well, the first time I was ever identified by anybody was
when they took me down there for questioning at the Port.
Q At the Port?
A At the Port.
Q Whereabouts did they take you for qaestionung?
A Well, I guess it is Major Manchester's office. I don't know
exactly what that building is.
0, Were you indent if ied by anyone at that time?
A Yes, sir.
Q, Who identified you at that time?
A An Italian.
Q I want you to tell the Court whether at the time you were
identified there wer» any other colored soldiers in the room?
A No, sir, there was not.
Q You were the only colored soldier in that room?
A I was.
Defense: I think you may examine. Counsel.
CROSS-EXAMINATION
Questions by Trial Judge Advocate:
Q Now, your testimony is that you were in your barracks the
night of this riot?
A Yes, sir.
Q what time did you say you entered the barracks that evening?
A well, I went into my barracks for the last time right after
our chow.
Q And you didn't leave your barracks again?
A No, sir.
ll|-02
Q Until the next morning?
A Yes, sir, I dicJn't leave no more that night at all.
Q, Now, you heard some noise out there th^t ni=?:ht, didn't you?
A Sure. Yes, sir, I heard some noise.
Q What kind of noise did you hear?
A Well, it sounded mostly just like a lot of men get together?.*
and have a lot of fun; in fact, the noise didn't sound as
though it was what really took place.
Q Well, had you gone to bed by the time you heard that noise?
A No, sir.
Q How long after you heard the noise did you go to bed?
A Well, I didn't go to bed, sir, until the OD turned off our
lights.
Q iBll, that was a long time after you heard that noise, wasn't
it?
A Well, I don't know exactly how long it was, sir.
Q Well, was it as long as an hour?
A Well, I couldn't estimate the time in hours.
0, Was it just a few minutes?
A Sir, I really wouldn't knov; just how long it was.
Q You wouldn't know whether it was five minutes or an hour?
A No, sir.
Q Well, now, after you heard that noise did you see any fellows
leaving your barracks:? •:
A Well, I didn't pay that much attention to whoever came in or
went out of our barracks.
Well, whether or not you know who went in or out, do you
recall any Negro soldiers leaving the barracks about the time
you heard that noise?
A Well, I tell you. The men was constantly walking around in
the barracks but I do not take notice to see whetherrany were
leaving or going out, or whether any coming in, but they were
moving around in the barracks.
Q Now after that noise ceased that you heard out there did any
men come in the barracks?
A Sir, that I couldn't tell you.
Q Well, you were up for quite some time after that, weren't
you?
A I was up until the OD put out our lights.
Q That was about 1:00 in the morning, w?.sn't it?
A I really wouldn't know, I never had a watch.
y---
Q You haven't any idea what time the OD put out the lights?
A Well, I figured that it was around 9:00, "the time the ligl^'ts
were supposed to go out in the barracks, see. See, I did
not know just what time he turned off the light. All I
figured, it was about 9:00; time for lights to ?o out.
Q So when you heard that noise you figured it was around 9:00?
A I didn't try to astimato what time it was when I was hearing
that noise.
Q But your "best judgement was and what you thought at the time
was that it must have been around 9:00? ■ ^ 4.v
A That is the time I thought it was when the -OD turned out the
lights. •. ' . .
Q You remember when you were questioned by Major M^^nchester—
A Sir— . ' •
Q — (continuing) on the 3Ist of August of this ye^r?
A — (continuing) I never was questioned by Major Manchester.
Q You say you were never questioned by Major Manchester?
A No, sir.
Q Are you sure about that? '
A Yes, sir.
Q You Bay you were never questioned by him?
A Yes, sir.
Q Well, were you ever questioned in his presence?
A No, sir. I don't know just who was down there when I was
questioned. There was some Army officers there, but I don t
know who they were.
Q well, do you remember who questioned you?
A Yes, sir.
Q Who did question you?
A A civilian by the name of Mr, Freem^.
Q, Well, didn't Major Manchester question you for a little while
before Mr. Freeman questioned you? v t
A Mr. Freeman was the first person who interviewsd me when I
went into the office.
Q Did Sergeant Young question you at that time? 4.v >, in
A Sesgeant Young had said some words to me outside in the nail,
and then if I remember correctly, he d: d ask me one or two
questions after Mr. Freeman had finishtidr
Q Did Mr. Glasgow question you.
A Sir, I wouldn't know who Mr. Glasgow ',7as.
Q, Well, did more than one civilian question you at the time
I4-0i^-
you say you were interviewed? ' -
A Well, sir, I tell you. Mr. Freeman, he did most of the
interviewing)
Q Well, you don't mean to day he did all the interviewing, do
you?
A No, sir, he didn't do it all, he did most of it, and then he
asked the rest of the people in the room did they have some
quest ions, and some technical rating soldiers were in there
and they said one or two questions J some others said something
too, hut I don't rememher Who they werev
Q All right. Now, youx are telling the Court that you went to
bed just as soon as the lights \Tere turned out that night?
A yes* sir.
Q And the lights were turned out because the OD came in +-here
and said they should be turned out?
A Yes, sir.
Q And your best estimate was that that was at 9^00?
A Well, that is what time I thought it was on that night.
Q Yes. Now, I want to ask you if at +he time you were intervicd
viewed on August 31, I94-U-, you weren't asked this cjuestion:
"What time did you go to bed?" and did not you give this
answer: "I went to bed just as soon as they made us put out
the lights, sir"?
Defense: Just a moment, if the Court please. That isn't
the improper impeaching question.
Law Member: Why isn't it?
Defense: He hasn't fixed the time or place.
Law Member: He asked him on August 3I.
Defense: But he hasn't named the man who is supposed to
have questioned him.
Law Member: That is immateri?.l.
Defense: I disagree with the Court.
Law Member: Just a minut e. Major.
Defense: I am sorry, sir.
Law Member: He has admit +ed being questioned by someone,
and he has now been asked if he was asked a certain question and
made a certain answer. If there was an objection made, it is
overruled.
Q All right. Now, I will ask you weren't you asked this question
at that time: "What time did you go to ted?" and didn't you
say: "I went to bed Just as soon as they raand us put out the
lights, sir. " That is correct, isn't it?
A Yes, sir.
Q And then weren't you asked this question. "What time was that
approximately?" and didn't you give this 'answer; "I guess it
was about 11:00, as that was the time the lights were supposed
to go out"?
A No, sir, I never said that.
%--YcQi:i.dia'-no:t--5iv'a:..that..-ansirer? •
A No, sir.
Q Now, you are positive you didn't give that answer?
A Yes, sir.
Q Did you do any writing that night?
A Yes, sir.
Q Did you hear any unusual commotion that night?
A yes, I heard some unusual commotion.
Q All right, describe to the Court what that unusual commotion
was.
A Well, it sounded mestly like a bunch of soldiers having a lot
of fun; laughing and ;jiving and going on at each other.
Q Did you or not conclude from what you heard that there was a
fight going on in the Italian area?
A No, I did not.
Q You did not. You just thought there was somebody having some
fun?
A I really didn't pass my curiosity on just what it was. I
never could get it into my head just what it was, although I
did realise that it was something unusual going on outside.
Q But it wasn't unusual enough-', for you to pay any attention to
A Well, it might have been if I hadn't been too busy.
Q. You were busy writing letters and busy packing?
A Yes, sir.
Q And you didn't even stop to ask any questions as to what was
going on?
A No, sir, I did Rot .
Q And you didn't concern yourself about it until the next morn-
ing?
A No, sir. I didn't concern myself about it the next morning.
I was just standing up there listening to what our ©fficers
told us.
^ You never did concern yourself about it?
A I never did question nobody about what went on.
Q And anybody who came into the barracks aftwr that time, Sfter
you heard this unusual commotion, you also didn't ask them
any questions as to what was going on?
A No,., sir, ■
Q, It just didn't make any difference to you, is that right?
A That's right, sir,
Q Now, who was in your "barrrclc^v. at the time that you heard this
unusual commotion?
A Well, the only persons I definitely know in my barracks was
a sergeant. I remember a couple of them being in there
because one of them spoke to us, j
Q, And they are the only ones you remember being in your barracks?
A Those are the only ones. i
Q You didn't see anybody else in there except those sergeants?
A Sure 5 I sa.w some m.en there.
Q, But you c?ji't tell us who they are?
A No, sir.
Q. Now after the noise stopped did a bunch of boys come back?
A They probably did, sir.
Q Well, don't you know that they did?
A No, I couldn't just say whether they did or not.
Q You have no recollection of a bunch of boys having come back
After the noise stopped?
A Well, it seems as though some men elid come in, but, you know,
I was busy and I just looked around now and then and see that
there was more men in the barracks than there was, you know,
. at such another time; but I didn*t know just when they came
in or not.
Q, But you have no recollection at this time of a groupo of boys,
a bunch of boys, having come into your barracks after the
noise stopped?
A No, sir.
Q All right, I will ask you if you weren't questioned by Lt.
Colonel Curtis Williams on the 30th of September, ISM-^; you
remember Colonel Williams questioning you?
A Yes, sir.
\
Q All right. I will ask you if at that time you weren't asked
the following questions and if you didn't give the following
answers —
Law Member. This is for the purpose of testing the
credibility of the witness, I assume?
Trial Judge Advocate: Well, lam not goimg to prove any
1^07 ■
specific names,
Q (Reading) "After the figlit was over and after the noise stopped
a bunch of boys came "ferack, " ''that was the question, and didn't
you answer; "yes, sir"?
A No, sir, I did not.
Q You did not« And weren't you +hen asked who came in that you
remember, ?.nd didn't you answer: "I don't remem^ber who came
in; all I know is some came in"?
A I remember being asked did I remember who c^e in , and I told
him, no, sir, I donH remember who came in.
Q And didn't you also say some did come in?
A Well, I told him some probably came in.
Q You said some probably srasie in? ' ^A^-i + ^-\^r
A I could have told him that, but I never did tell him definitely
whether any came in or no.
Q And weren't you further asked: "After they cme in what did
they talk about"; weren't you asked that question?
A Yes, sir.
Q And what did you say? ^ ,, . v + t
A I told him I never did know what they was talking about, l
know there was a steady drone of conversation in the barracks,
but I never go over a?id try and pick up what tney was say.
ing.
Q put they did t?ak about something?
A Sure- they were talking^
Q And you '^ust simply couldnH. understand what they said?
A I dldn*t try to understand, sir.
All right. I will ask you if this wasn't your answer when
you were asked that question. The question was, "After they
came in what did they tatk about?" and didn't you answer:
"They didn't talk about anything"?
A NO, sir, X n^"^e^ ^^^^ ^^^*
Q wait a mimte. (Reading) "They didn't" talk about anything
because the Sergeant made theia.:- stop talking." Wasn't that
your answer?
A No, sir, I never said nothing like that.
If
Q All riffht, YOU are very positive you dida't give that testi-
mony when you were questioned on the 3C^> of September, 1944,
by Ltc Colonel Curtis irrilliamsr
A yes, sir.
Q „ow, Colonel Williams asked you what barracks you stayed in
that day, didn't he?
A Yes, sir.
0, And what was your answer?
A Barracks 663, sir.
That was correct, wasn't it?
A yes, sir,
Q I want to ask you if you weren't asksd these further questions
on the same occasion by Colonel wiHians} "You heard then-
talking about the fi^ht?" Were you asked that question?
A I could have beeni sir. I don't remember whether he asked me
that question or not.
And didn^t you then say: "Yes, sir, naturally?"
A No, sir, I never said nothing- like ^hat.
You didn't say that you heard therr. talk about the fi'^-ht then?
A Fo, sir,
n And weren't you asked after that: "'^nat were they
saying?" You remember that being asked you?
A He could have asked me that qusstion +oo.
And didn't you say: "I canno+ repeat the sbatreae-iits' ?"
A No, sir, I never told him that»
You didn't say +hat?
A Fo, sir.
0, Are you sure what I am askin" you about didn't transpire?1!hat
you didn't make those statements; you are sure about that?
A Sure, I know % hat I didn't give the answer to those statements
you just asked rie.
Q All right. I just want you to be sure about it. Now, when
you heard those boys doin some talking — you did hear them
do some talking, didn't you?
A I could hear -^here "v?aB conversation going on in +he barracks.
i''ell, were you or were you not interested in v/hat they were
s?yin- '
A No, sir. -
Q, iPhy weren't you? , ■ -
A Because I was too busy.
Too busy to listen a lit-le?
A Yes, sir.
0- Well, a lot of comir.otion, unusual commotion as you c-,11 it,
having gone on outside and you were too busy to listen to what
these boys were *alkin- about?
A I was too bu^y to listen to what they were talking about.
Q And, furthermore, you weren't interested in what they were
talking about?
A No J sir, I wasn't.
Q, And you weren't interested in what you tern an unusual
oomrnotion either, were you?
A No, sir.
Q, Now, are you and Roy Dayrnond good friends?
A Well, I don't have anythin'T against Roy Daymond, He is my
friend.
Q Were you and Roy Da3rmond good friends on the 30th of September,
19^^?
A 30th of September?
Q Yes.
A I don't remember seeing Roy Dayrnond on the 30th of September.
Well, maybe you didn't. But up until the 30th of September,
19^^-, were you and Roy Dayrnond good friends?
A Sure; I didn't ha^ye nothing against him..
Q I Tcnow you say you didn't have anything against him, but can
you answer that question specifically as to whether or not
you ViTere good friends?
A Yes, sir.
Q You were?
A yes, sir. '■■'■--
Q All right. Nov; you heard Roy Dayrnond testify in the case,
didn't you?
A Yes, sir, I heard him testify.
Q Did you hear what he said about your being in the Italian
area that night? •
A Yes, sir.
Q You heard him. say you had a stick, didn't you?
A Yes, sir.
Now, that was your good friend testifying, wasn't it?
A
Defense: That is not proper,
A That was Roy da:~nond testifying.
Law Member: Overruledc
Q You say it was Roy Dayrnond testifying. And that d)S the man
you say you were good I'rj ends with; that is right, isn't it?
A Yes, sir.
Q, All right. And your i;erii:.mony to the Court now is that first
t ir.:- you heard about this matter was the following morning
at formation?
A Yss, sir.
I^IO
Q And about when was that ? '
A well, sir, that was about 2:00.
Q Yes. And you had chow at that time, hadn't you?
& NO, sir.
Q When did you have chow? " ^ , * xv +
A Some of the "boys in the company hado chow. When I got up that
morning I still had to finish the work I left undone that
night, so while the rest was gone for chow I stayed in the
barracks •
Q You stayed in the barracks and did some packing?
A Yes, sir.
Q What time did you get up the next morning.
A I don't know exactly what time I got up.
Q Well, you had been up a couple of hours before formation, hadn't
you?
A Yes, sir.
Q And during those two hours you didn't hear what happened down
in the Italian area the night before? .. . ,^ ^. . „+
A No, sir, I didn't. To tell you the truth, i didn't hear just
what happened down in the Italian area
Q You heard no one talk about it?
A No, sir.
Q And you didn't ask any questions about it ?
A I never asked any questions aboiit it.
Q And the reason you didn't wasbecause you just weren't interested
in what happened?
A The reason was because I was too busy.
Q oh, you were too busy?
A ^es, sir.
% Well, you weren't interested either, were you?
A Not at the time 1 was doing my: work.
well, you worked before you went to bed that night and you
got up early the next morning and you were working again?
A Yes, sir.
Q During all that time you just didn't find time to make any
inquiries as to what went on that night.
A iio, sir.
Q NOW, there is an rt - : an soldier by the name of G^^ossi that
picked you out from Ul these accused the other day ^-^d said
that you were down there in the orderly room with a club in
your hand; that is correct?
A That is waht he said, sir.
, I^II
Q Well, I said you heard him say it, didn't you?
A Yes, sir.
Q All right. How many times had he picked you out Tsefore?
A Well, he haddpicked me out twice "before.
Q, Twice? •
A yes, sir.
Q NOW, you told us about one time whefe he picked you out.
Where was the other time he picked you out?
A Down there in some builHing that was right across from the
service club there — the PX.
Q At Fort Lawton.
A Yes, sir.
Q Who all was present? ' '
A Nobody but the Italian soldier and some Army officer, and
myself, and William G. jones and a stenographer.
Q Do you know who the Ar^iy officer was that '.;wasi'p'r'^S'fent''^'at
that time.
A ]\io, sir.
Q When was the first time you left the barracks the next morning?
A The first time I left the barracks the next morning was to
visit the latrine and wash up.
Q About what time was that?
A Well, I wouldn't know exactly what time it was .
Q 6:30, 700?
A Well, it had to be before 3:00.
Q, All right, it was before g;00. And you hadn't left your
barracks since about 7:30 'the night before; that is your
testimony. - • ,.-
A Yes, sir. ' ' ^,
Q; And you are positive of that?
A Yes, sir.
Q x;ow long had you known Roy Daymonfl?
A Well, I had known him ever since the company was evacuated.
Q Activated, you mean, don't you?
A Yes, sir.
Q Ever since the company was activated. And that was when?
A (p., in the month of J^eViKuary.
Q February of what year?
A 19^^ ■ ,
Q I94-4-. So that Roy Daymond knew you well and knew *hat you
T
looked llks, didn't he?
A Sure. Yes, sir.
Q Oh, yes, there is one questioa I want to ask you further.
prOw much time did you spend writing let+ers that ni'^ht?
A Well, sir, I don't know exactly, but I spent quite a bit of
time writing letters.
Q Well, let's see. ^ou wrote letters from about 7*00 on, didn't
you?
A I wrote letters until I finished and started packinp: ray
duffle bagi
Q I know, but that isn't giving us vary much information, About
how long did you v;rite letters?
A Well, sir, I dftn' know just how long it took me to write
those le tters, but it did take quite a bit of time.
Q An hour?
A More than that,
Q Two hours?
A I wouldn't know exactly. See, it takes me some time to write
letters.
Q All right; two hours?
A I wrote quite a bit of letters that night, so I wouldn't know
just how long it took me to write those letters.
Q, . Three hours? , ■
A I wouldn't know exactly.
Q, Four hours?
A I don't know how long it took me to write them letters.
Q you just don't know?
A NO, sir.
Q Well, could it have been is long as four hours?
A I wouldn't know. I wouldn't know, sir.
Q Could it or couldn*t it have been as long as four hours?
A It could have been as long as four hours.
Q All right. It could have \?een a^ Ion- as four hours. How
much time did you spend that night packing your duffle bag?
A Well, then I spent the rest of the time I had since I
finished writing letters up until the lights went out.
About how long was that?
A I don ' t know how lone it was .
Q Could it have been an hour?
A Well, I don't know.
1^13
Q Could It have "been two hours?
A I still don't know.
Q Could it have been three hours?
A I wouldn't know, sir.
Q Could it have been four hours?
A X <ionH know how long it was, sir.
Q Well, I am giving you an opportunity to say that it could have
been anything between one and four hours ;^
A It could have been anywhere between that night — anywhere
between that tineo
Q Anywhere between one and four hours?
A Jes, sir,
Q All right. Now, you got to your barracks about when?
A After our evening chow.
Q. Well, when was that?
A Well, chow is usually 5:30. I don't know exactly what time
it was.
Q Well, you got through by 6:00 anyway, didn't you?
A well, I wouldn't notice it.
Q And you are telling this Court you figured you went to bed
at 9:00?
A I told the Court I figured the OD turned out the lights at
9:00. I told them that is the time the lights usually
went out.
Q You also told the Court that is the time you went to bed?
A I went to bed when they turned the lights out.
Trial Judge Advocate: That is all.
REDIxRECT EXAMINATION
Queations by Defense:
Q, I want you to tell the Court a lit tie bit more about this
second time you were identified. About when was it?
A Well, sir, it was a week after my first interview
down at the Port.
Q, And where was this place you were identified?
A Some small building right to the — it is to the right of
the PX.
Q What PX?
A The PX in the 700 ax;
iKl^-
<. ..
Q Down there in t>}e colored area?
A Yes, sir.
Q A room in thalt building?
A Sir? ^
Q Aroom inside of that building;?
A Yes, sir.
Q Iho was in the room when ycna went in there?
A Well, sir, whem i went in there was this Army office^^ a
stenographer, and gross i, the It-Jian.
Q Did you go in alone or somebody r/ith you?
A I went in with William G. jones.
Q You were the only two colored soldiears f'^ere?
A Yes, sir.
Q And William G. Jones is a lot lighter than you in color?
A Yes, sir, and a lot larger man in sise too.
0, And they didn»t take another man in as dark as you?
A t\to, sir.
Defense: That is all.
RECROSS EXAJHNATION
Questions by Trial Judge Advocate:
Q That was the second time you were identified, wasn't it?
A Yes, sir.
Q And you had been identified previously?
A yes, sir.
Trial Judge Advocate: That is all.
REDIRECT EXAMINATION
Questions by fifefense: ,. >.- ,
Q T^ll the Court once asain where was the first time you were
identified?
A At the Port, sir.
Q And you were all alone —
Trial Judge Advocate? Don't lead him so viciously, if you
do nit mind*
Defense: All right; I will withdraw it.
Q Who was in the room with you when you were identified at the
Port?
liJ-15
A You Clean 7;as there another colored soldier?
Q Yes, tell the Court then who was there?
A I was the only colored soldier in there at the time.
Q You were the only colored soldier in the room?
A Yes, sir.
Defense: That is all.
- RECROSS-EXAMINATION
Question b^ Trial Judge Advocate:
Q Just one other question. You were told that Roy Daymond had
identified you when Colonel Williams questioned you and when
Major Manchester questioned you?
A I don't ever remeribor Major Manchester questioning me, sir.
Q Well, all right. Up there at the time you were questioned
by what you term were some civilians you were told then that
Roy Daymond had identified you, weren't you?
A No, sir.
Q Well, did (jfolonel Williams tell you that Roy Daymond Identi-
fied you?
A No, sir. Colonel Williams told me that Roy Daymond heard me
say something.
Q Didn't Colonel Williams tell you this: "Do you know Roy
Daymond? Answer: Yes, sir, B*d you see Roy that night?
answer: No, sir, he didn't leave with us. " That is correct,
isn't it?
A Yes, sir.
Q He asked you some questions and you gave those answers?
A Yes, sir.
Q And then didn't he ask you or tell you, "Roy Daymond has testi-
fied that on the night of August I4, l9^^, you were in a
figlht in the Italian area and had a club — with a club —
and that he saw you down there"; didn't he tell you that ?
A I remember him t ^.lining to me about 5^y Da^^mond. Sir, I don't
remember him saying he saw me down there in the Italiaa area,
no* . '.
Q Roy Daymond knows you well enough and you know him well
enough to where Roy Daymond oetn identify you?
A Yes, sir.
■^^rial Judge Advocate: That is all.
Defense; No further questions.
EXAMINATION BY THE COURT
Questions "by Law Member:
Q Did I understand You to say that you were to a show-up of
Negro soldiers?
A Yes, sir.
Q Where was that ?
A That was at the M.Pc Cantonment c
Q M. P. Cantonment?
A yes, sir.
Q Waexe is that; at Lawton?
a! No, sir, at Camp George Jordan, sir.
Q And were you at that time picked out of that company of Negro
soldiers by anyone?
A Yes, sir,
Q Somebody identified you out of those 5OO?
A Nobody identified me, sir. I was just taken out of +he line
by Mr. Freeman.
Q You were taken out of the line by Mr. Freeman?
A Yes, sir.
Was that when all the colored soldiers were together?
A Yes, sir,
Q, But no one identified you at that time?
A NO, sir, nobody identified me, sir.
Q No Italians identified you?
A No, sir.
Defense: Incidentally, Colonel Jaworski, J^^^^®/^^?J y?"^
A couple times and you told me you didn't have it, and Colonel
Williams told me several days ago he 7:o>ald tOO\'^^I°^|^.. i^^^
papers and produse it if he could find it, the list tf those
i dent iflaat ions that were made.
Trial jnid^-e Advocate: I haven't seen them, and if you
want any proof along that line I suggest Colonel Williams be
placed on the stand and you ask him.
Defense: I would like to have Major Manchester and Colonel
Williams. Major Manchester says he turned it over to Colonel
Williams, and Colonel Williams says he hasn't got it.
Trial Judge Advocate: I haven't seen it at any time. You
ask them.
President: Any othet questions?
Trial judge Advocate: There is a question based on what the
11^-17
Law yiembex just asked.
RECROSS-EXMCINATION
Questions by Trial Judge Advocate:
Q Af.'. this show-up at Car/ip George Jordan you were p'U-lled out of
the line of a large number of ITegro soldiers, were you not?
A yes^ sir.
Q You don't know why you were pulled out of that line, do you?
A Yes, sir, I think I do, sir.
Q You think you do?
A yes.
Q Well, are you just guessing at it or do you know?
A Well, I have an idea they pulled me out of the line —
Q Just a minute. Your idea isn't what I am asking for. Did
anybody tell you why you were being pulled out of that line?
A No, sir.
Q Then you don't know why you were pulled out?
A No, sir, I don't.
■ ■ ■ ' i ' '
Q For all you know an Italian soldier may have identified you
at that time?
A H® didn't, sir.
Q What you mean is that one didn't come up to you and point his finge:
at you and say, ''TThat is the man"?;
A Didn't any of them ever say anything; didn't any of them do
anything.
Q None of them were pointing tbeir finger at anybody tt that
time, were they?
A I don't knoX I know what they did abOfUt me.
Q All that you ^ow is that you were takefi out of the line-up?
A Yes, sir.
Q And you do know that there was some Italian soldiers present
at that time?
A yes, s4r.
Trial Judge Advocate: All right. That is all.
EXAMINATION BY THE COURT
Queetions by President:
Q Did Mr. Freeman say anything to you when he pulled you out
of the line?
A Yes, sir.
lil-lS
Q TWhat did he say?
A He said wae that my name on my hack and I told him yes, it
was. So he told the soldier who was standing next to me,
he said, "Take down his aame," and he said, "You go into
that little room"? because I had my name and serial number
stenoiled on the hack of my fatigues.
Defense: Ilhave one question.
REDIRECT EXAinNATION
Qaestions by Defense:
Q When you were passing through on that show-up tell the Co-iitt
whether or notyou remember seeing Grossi standing there?
A No, sir, I don't remember ever seeing him.
Q All right. .' '
Defense: Tfoat is all.
RECROSS-EXAinNATION
Qaestiona by Trial Judge Advocate:
Q, You wouldn't say he was there or wasn't there?
A I don'"*^- remember seeing him, sir.
Ifrial Judge Advocate: That is all.
EXAinNATION BY THE COURT
Questions by Law Member:
Q At this show-up, Shelton, did the Italian boys walk by the
whole group of Negros?
A No, sir. They were seated at tables and we had to walk past
them.
President: Any further questions?
Questions by Major Carpenter:
Q Do you think you could identify Grossi if you saw him?
A Yes, sir.
Q You could?
A Yes, sir.
RECROSS-EXAIONATION
Questions by Trial Judge Advocate:
Q You heard him testify in Court yesterday, didn't you?
A Yes, sir.
I14-I9 .
President: If there are no futther questions the witness
may be excusedt
There heing no further questions, the witness was excused
and resumed his seat as one of the accused.
Assistant Defense: We will call Nelson Alston.
Law Member: Corporal Alston, it is my duty to advise you
of certain ri3:hts you have in a military court-martial.
You may be sworn as a witness and testify under oath the same as
any ofeher witness. If you elect to be sworn as a witness, you
may be cross-exanined by both the Trial Jud?:e Advocate and by
any members of the Court. Or, you may make an unsworn statement,
orally or in writing, either by yourself or by your counsel. If
you make such an unsworn statement, you cannot be cross-examined
as to any matters therein. Such unsworn statement is not teal
evidence but will be given such consideration by the Court
as the members see fit^ Or, you may remain absoilutely silent
and make no statement whatever, sworn or unsworn, and the fact
that you do remain silent cannot be considered against you.
Now, do you understand those instructions?
Corporal Alston: Yes, sir.
Law Member: Have you talked it over with your counsel?
Corporal Alston: Yes, I have.
Law Member: And you have decided you want td be swora
as a witness?
Corporal Alston: Yes, sir.
T-5 Nelson L. Alston, Headquarters and Headquarters Detach-
ment, Camp George Jordan, A witness for the defense, was sworn
and testified as follows:
Trial iudge Advocate: State your name.
The Witness* Nelson L* Alston.
Trial Judge Advocate: Your grade.
The Witness: Technician 5th grade.
Trial Judge Advocate: Your organisation.
The Witness: Formarly 65O Port Company.
Trial Judge Advocate: And your station.
The Witness: ~ort Lairton, Washington.
li|-20
Trial jud'-e Advocate: You are one of +he aeons ed in this
case?
The ^^itness: yes, sir.
DIRITCT EXA'IINATIOl^T ■
nu.estions by Assistanil Defense: •
HOW old are you, Alston? , " ■
A 2k, sir.
And where were you "'orn? - ' -
A In Tennesse.
^fhat did you do when you were in civilian life'
A I was a checker in the International Harvester Company.
Law Memher: A checker? - ; ■
The Ti\ritneesj Yes, sit.
And when were you inducted into the Army?
A '^e^ruary ij., I9t|.lj..
Q Now, hefore or after Aurust I^, l^kk were you or were you
not overseas?
A I was, sir.
Without desi--nating- where you ".vere spocifically, will you
tell the Court what the^.ter of war you were in?
A The Southwest 'Dacicic, sir.
Q And when did you return?
A I returned to the United S+atee Oc+o' er i6 of this year,
You are a T-5?
A Yes, sir,
Do you recall the ni-^ht of Aujust l^ when some Fe^^ro soldiers
had some trouble with the Italians?
A Yes, sir, I do.
iPhere were you when you first heard about this trouble?
A In barracks 7l9«
Q Did you live upstairs or downstairs?
A Dovmstairs.
ii'hat were you doin-^?
A I was in ''sd, dir.
Where had you been earlier in the evening?
A Earlier in the evenin" I had been to the''?! and to the service
club, sir.
Ii^21
Q And where did you go from the service club?
A From the service club I went to the barracks.
Q And when you got to the barracks what did you do?
A When I first went into the barracks I went upstairs on the
second floor of the barracks j then I came back downstairs
and went to bed.
Q Did you hear about the trouble after you got to bed?
A Did I hear about it after? When I woke up, the noise woke
me up, but I heard about it later that night.
Q You heard about it later that night?
A Yes, sir.
Q Didyou at any time go down to the Italian area?
A No, sir, I dic3n*t.
Q Assistant Defense: I believe you may examine, Counsel.
CROSS-EXMIINATION
Questions by Trial Judge Advoate:
Q What noise woke you up ?
A The noise of the men outside of the barracks, sir.
Q Well, what sort of noise did you hear?
A I heard a lot of unusual talking.
Q Unusual talking?
A That's right, dir.
Q You didn't hear any ftcreaming coming from the direction of
the Italian area, did you?
A No, sir, I didn't.
Q You didn't hear any whistles blown?
A No, sir, I didn't.
Q Didn't hear any windows being shattered?
A No, sir.
Q Heard no rooks being thrown against the barracks?
A No, sir.
Q You didnf,t hear any boys running around out there hollering?
A No, sir, I didn't.
Q How long were you awake?
A How long was I awake?
Q, Yes, sir.
i When I first woke up I went to the front of the barracks.
Q Did you look nut?
l!^52
A yes, sir, I did.
Q What did you see?
A I saw a cro^d of toys standing out in the street and all
around the barracks.
Q Around the barracks?
A Around in front of the barracks.
In front of barracks 719 ?
A That's right, sir.
Q See any of ther. cross the street and go in the dir:ction of
the Italian area?
A I didn't ses any going anyplace. They were all standing out
in the front.
Q How long. did you watch thea?
A I couldn't say definitely for how long I stood out there,
Q Well, about how long?
A I wouldn't be positive of the time.
Q, Well, all right.
A I was out there about *ton minutes.
Q About ten ninutes?
A Yes, sir.
Q All right. And during those ten Kinutes all you saw was ;)ust
a group of men standing in front of barracks 719?
A that's right, sir.
Q See anybody lyins; on the gtound?
A No, sir, I didn't.
Q All standing up. Sea a Jeep anywhere close?
A No, sir.
Q What were those nen doingj just standing there talking?
A They were listening to the lit: .sergeant. He was talking to
them.
Q The 1st sergeant was talking to then?
A That's right, sir.
Q How soon did you go there to the window after you woke -^ip?
A I didn't go th the window, sir.
Q Well, wl>erever you went.
A To the door.
Q All right; to the dooro
A AS soon as I could Q:et on my pants, sir.
1^23
Q In other words you \7&nt there pretty promptly after you woke
■up?
A That»s right.
Q Was there anybody in the barracks there when you woke up?
A There was some more fellows in bed.
Q Any of them up?
A Not that I know of. I couldn't say for sure.
Q Who was in bed?
A The fellow that slept over me was in bed.
Q Who was that?
A George Jackson.
Q George Jackson?
A That's rinrht, sir.
Q Who else was in bed you saw arounfi there?
A I saw the fellow that sleep ne^t to me, Harvey Banks, str.
Q, \,Harv97 Banks?
A That's risrht,
Q And you sleep next to him, you say?
A That's ri-ht.
Q He is a --'ood friend of yours?
A No, sir, he is not a eood friend. He is a friend of mine but
I wouldn't class him as a sood friend because I don't know
much about him.
Q He is just a friend of yours?
A That's right, sir.
Q All right. Now, after you stood there ten minutes, looked
out the door, what did you do?
A I went back in the barracks.
Q And then what did you do?
A Went back in the barracks and got on my bunk.
Q, After you got on your bunk what did you do?
A Well, I was going back to sleep but the 1st Sergeant was sendins:
everyone in, and a Major and an M.p, came in and wn,nted to
know who it was that got hurt, and they were up there talking to
the boy that got hurt, and i guess they took him to the
hospital. Took him somewhere. After that I went to sllep.
Q, Now this friend of yours— you don't call him a nrood friend,
but you say he was a friend of yours— Harvey Banks, you
heard him testify here the other day, didn't you?
A Yes, sir.
Q itfid you heard him say that you came into the barracks that
ni°;ht after the fight and said that all wbo didn't -^o down
there was yeaiow.
A I heard him say that.
Q Did you or not say th,at?
A no, sir, I didn't.
Q Do you know of any reason why Harvey Banks should so testify?
A Rot that I know of.
Q And he is the only boy who slept next to you?
A That's rir^^ht, sir.
Q. HOW long ha,ve you known Alvin, Clarke?
A Since February of this year^
Q You and he have been friends too, haven't you?
A Acquaintances.
Q, Well, acquaintances. All right.
A That's right, sir.
Q, YOU heard him testify that you were down in the Italian
area with a stick in your hand?
A I heard him, sir.
Q Do you know any reison why Alvin Clarke should so testify to
that if it isn't true?
^ No, sir. The only reason I could think of, he wanted to tell
something to get out of it.
Q And you think that was the only re^uson?
A Yes J and he knew I wasn't here and he thought he could say
somethinr^ and I wouldn't be brou^-ht. That is the onlv
reason I can see.
Q You heard him testify some were thete who didn't (p overseas?
A I heard him.
Q So do you still think that could have been the reason?
A That is the onliest reason I can think of.
The only one you can think of?
A That's ri'?ht, sir.
Q Been no difficulty between you and Alvin Clarke?
A No, sir,
Q NOW, when you stood there in the doorway for ten minutes what
did you decide was soing on down there?
A I didn't decide anything. I heard the 1st Sergeant was
talking about a firht.
Q, And you didn't even go down there amon--^ the boys while he was
talkincr to them?
IBIS'S
A I was standing in ths door. He was standing- on +^e s+.eps
himself,
And oould you hear what he said?
A Yes, sir, I could hsar what he was sayin^-.
Q ^^^as he +here the entire +en rninu+es vou were there?
A YeSj sir.
Q. And all you heard hi-a say was that there was a fi-h^ ~oinf^
on? ^ ^
A Ee was tellin~ the "ooys not to "o bac^- and +00 inside O""
the "barracks.
0, Did he say \Yhere this fi-ht was ~oin-- on?
A No, sir, he didn't say 7/here it w^s -oin- on.
Q And did be tell the boys where not to -^0?
A No, sir, he didn't. He said b-:.,ck iown ther- : that is all I
understood hiiri to say _
And from nothing he said did yu - ather ther- was a fi~ht
50ing on down in the Italian area?
A I didn't Icnow where the ight was going on.
Q, Well, you were standing in +he doorway. Now, -.vho else was
standing in the docr-vay?
A There was a \7hole bu-_oh of boys stranding there.
Q A Tfthcle bunoh of boys standin: in the doorway?
A yes, sir.
t About hov; many?
A I don't remember how many there, but the stree+.s and all
that in the arer. was full.
Weil, you saw Ruasel Ellis down there, didn't vou?
A No, sir, I didn't*
Didn't see him standing around the doorway?
4 No, sir.
P Well, who did you see standing around the doorway?
A T'fell, I remember the Sero:ean+ was talkin- to Addison ^-eor^ei
^ Addison Goerge was there?
A Yes, sir, I remember the S3r?'ean+ was talkin" +0 him.
¥ou heard Addison Georre tell ths other day when he was a
witness her? in Court he was there?
A I did, sir.
Q Now, who was there "--hat you haven't heard +-3stify in Court —
was down there standin-- in the looinr/ay?
A Well, I saw Sergeant Gresham st-nding there. I haven't heard him
say he was ther:..
Q And Sergeant Greshan was there?
A Yes, dir.
? T^Lnf^^: v^^"^ '^^° ®^^® '^^ y°^ se® staiiding there?
Ln^i?? ^ ^v""® ""^^ ^^^^- ^° ^^^y people was there I
JSoi^^ 3ay who was there, because I might have said I seen
th?n,ih^?S ""^^ ^* ?^"-''^ "^T^ ^^^^ ^^'-^^ Pl^OQ else I seen thim
through the day. I wouldn't be for sure.
Q Now as a matter of fact, at the time the Sergeant was
hJiJ ??+^^^^^^\''®'' ^^ *^®y ^^^^ SOing up to the barracks,
«? M.P. 8 had already gone dOTO into the area and had
isnU^itT ^""^^ ^^ ^''^''° soldiers. Now, that is correct,
A I really wouldn't know.
Q You just don't know?
A No, sir.
Q Did you see any Negro soldiers come from the direction of the
ixaiian area while you were standing there ten minutes?
A No, sir, I didn't.
Q And you didn't see any of them go in the direct iom of the
Italian area?
A No, sir, I didn't.
Q And you didn't hear any noises coming from the Italian area?
A NO f Sir.
Q And the men went right back up in the barracks after the 1st
Sergeant talked with them?
A Yes, sir. ' :
Q Did you see any anbulances while you were" standing there?
A I saw some pass.
Q TIShen you first went do'-vn there?
A You mean while I was standin'^ in the doorway? I don't know
when I first got there or when I left, but I remember seeing
some cars pass Snd I don't know whether ambulances or trucks
or what.
Q You don't even know whether they were ambulances; all you
know is some cars passed by?
A That's right, sir.
Q. Then the entire ten minutes you were standing there nothing
happened that gave you any idea that anything had occurred
or was occurring in the Italian area?
A Not down there. I didn't know where it occurred, but I knew
there had been a fight.
0, But you didn't know where the fight had been?
A No, Sir, I didn't.
li<-27
Q And you didn't ask any questions about where it had been?
A No, sir.
Q And you went back upstairs and didnH ask anybody up
there where it had been?
A No, sir.
Q And when these nen started ooming back up, back into the
barracks, you didn't ask any of then what had gone on?
A I was on my bed then.
Q, I know you were on your bed, but you didn't ask any of them
what had gone on?
A No, sir.
Q And you didn't know anything about it until the next morning?
A I knew about it. The M.P.'s came into the barracks that
ni^-t and told all about it.
Q That is how you found out about it?
A That's right.
Q And later on that night?
A Yes, sir.
Q And up until that time you hadn't asked any questions and you
didn't know what went on?
A No, sir. I knew there had been a fight, but where I didn't
know.
Q Didn't anybody make this statement that night that you fellows
didn't go down there v/as yellow?
A No, sir, they didn't.
Q And you say you didn't make that statement?
A I am definitely — I know I didn't.
Q And you didn't hear anybody else make it?
A No, sir, I didn't.
Trial Judge Advocate: That is all
' - ■ REDIRECT EXAMINATION
Questions by Assistant Defense:
Q Alston, isn't it possible that Clarke sould have bean mistaken
in his identity of you?
A It is possible, sir.
Q And isn't it possible Ihat —
Trial Judge Advocate: If the. Court please, that isn't a
Ii^2g
A quewtlon for a witness to answer. That is asking a witness for
a conclusion.
Defense: well, that is what you want.
Trial Judge Advocate: Wait a minute. I didn't ask him
anything of the kind.
Defende: I might add my two-hits worth here. Counsel has
been for a long time asking these witnesses was so and so tell-
ing the truth. He asked for their opinion; he hasn't asked
them whether that statement was true or not true. He has asked
for the witness' opinion whether or not the other witness was
telling the truth. Now having asked for that opinion he has
opened that up and we have a right to ask the witness' opinion
whether or not the witness could have been mistaken.
Trial Judge Advocate: There isn't any analogy between the
two situations. Here is a man who says he wasn't down there;
the witness says he was. The question was, was be or not tellii^
the truth. That is a fact. That lies within the power of this
witness to testify to; but when you ask him is it possible for
somebody to have been mistaken, that is asking for the witness
to testify to a conclusion. He can't ask him whether or not he
was down there orr^ .not and ask fifteen times and I will not mind,
but when he asks him is it possible somebody may have been
mistaken, that is a function for the Court to pass on.
Defense: Co\ins6l wasn't content with BS^iiiJcthe witness
whether that statement was true and wanted to go^into it as to
whether or not the ogher witness was telling the truth, and a
lot of things might have gone on in the other witness' statement:
he might have been mistaken* Counsel elected to ask this witness'
opinion, and having opened it up we ^ave a right to go into the
same subject.
Trial Judge Advocate: It isn't a question of opinion. I
asked whether a man was telling the truth. It is within his
power to know because it wag related to him and doesn't ask for
a conclusion.
Defense: Couldn't the v^itness have been mistaken?
Trial Jud"-.:- ".iroo -.t-tj'
Trial Judge Advocate: 1 object on the grounds it is asking
for a conclusion and is inasmissible.
Law Member: The objection is overruled.
Q would you answer the question, Alston?
A Yes, sir, it is possible that he could have been mistaken.
Q And isn't it possible Banks could have made the statement to
someone else in the barracks?
A He could have. He could have, sir.
Iij.29
Q. Alston, isn't it possible that admission that Banks states,
testified that he said that you made, isn't it possible i;'-
oould have been someone else who made this statement?
A It could have been. If he heard such a statement, it must
have been someone else.
Assistant Defense: That is all.
REGROSf -EXAMINATION
Questions bt Trial Judge Adv'boate:
Q, You don't mor.n to tell this Court it is just possible Clarke
made a mistaii^'r
A He did ma.H.G a mistake if he saw me dox-m there.
Q Sure, that is what you mean to say; he di'.J.: ^''ely made a ::•::■.■ -■■.■! •
mistakeo
p^ He definitely did.
Q, There just isn't any possibility about, is there?
Defense: That is argu-mentative, if the Court please.
Trial Judge Advocate: Well, you went into the possibility
phase of it.
Q All right. Now, what about Banks. He is ver^' definitely
mistaken about your having said that?
A I never said that to Banks.
Q All right. Then isn't it just a possibility but he is just
mistaken, isn't it?
A That's right, sir. .
Q Now, the last question Counsel asked you, you said it is
possible somebody else rnight have said that. Was that your
tsstimony?
A Yes, sir.
Q Didn't you say a v^hile ago you didn't hear any suoh statement
made by anyone?
A I say that and I still say that. I didn't hear any such state-
ment, but that still doesn't make it possible someone eise
couldn't have said it.
Q Harvey Banks sleeps in a bunk next to you?
A That's right.
And you say he "vas there at the time?
That's right, sir, he was; but when
him I don't have to hear everything they say.
A That's right, sir, he was; but when somebody is talking to
< T.
Q Even though in the next bunk you don't have to hear them?
A That's right, siro
14-30
Trial Judge Ad.voc3,te: I see. That's all
Defense: Ho further questions.
President: Any questions hy the Court? There appear to
be none.
There being no further questions, the T!7itness was excused
and resumed his seat as one of the accused.
Defense: If the Court please, I don't want to cast any
reflection on Colonel Jaworski about this, but I do want to
trace down those records and I am • gettinpr the runaround
about it from everybody I h?iA-e asked, Not^fron Colonel Jaworski.
I would, like in the morning to have Major Manchester, Captain
Tyson, Mr. Freeman and Colonel Williams.
Trial Judge Advoc-.te: That is perfectly all right and that
is the proper way to develop testimony. It is not proper for
Counsel to make the type of statement about getting the run-
around, and I am sure you can put them on the stand and ask them
the questions if you think you have been getting the runaround;
but I object to statements of that kind being put on record.
Law Member: The Court won't pay any attention to that.
Defense: You heard me ask for those records and he said he
would let me know and hasn't.
Trial Judge Advocate: Did you ask him?
Defense: He was to let me know.
Trial Judge Advocate: If you were very interested, it looks
like you would have.
President: Will yo'a have the witnesses he asked for present
in the Court?
Trial Judge Advocate: I would be very glad to. All you have
to do is give me a list of them. You want them at 9tOO early in
the morning?
Defense: Oh, I wouldn't quarrel if they were five minutes
late.
Trial Judge Advocate: I want to b:- sure they are here just
when you want them. Oh, by the way, one of them is out of the
continental limits of the United States but he will be here in
a day or two, I understand.
Law Member: Now that the dialogue has been completedj^hall
we proceed?
Assistant Defense: We will call Arthur L. Stone.
14-31
Law Member: Corporal Stone, it is ray duty to explain to
MTotc^ibhat you have certain rights as an accused in a military
eourt -martial. First you may be sworn as a witness like any
other witness and give testimony under oath. Your testimony
is then a part of the evidence and will be considered by the
Court as such, and you will then be subject ta a cross-examination
by both the Trial Judge Advocate and the individual members
of the Court if they so desire, or secondly, you may make an
unsworn statement in deni-1, explanation or extenuation of the
offense charges. Thit uns;vorn ststement is not strictly evidence
but it will be given such consideration by the Court as the
members thereof see fit. You ^:?ill not, howevef, be subject to
cross-examination on any mat+ers contained in said unsworn state-
ment. Or, lastly, yo-a may elect to remain silent, that is, make
no statement whatever, either sworn or unsworn, and the fact tnat
you so remain silent cannot be considered against you. Now, do
you understand all fehat I have told you?
Corporal Stone: Yes, sir.
Law Member: No further explanation you desire?
Corporal Stone: No, sir.
Law Member: Have you talked it over with your counsel as
to what you desire to do?
Corporal Stone: Yes, sir.
Law Member: And you elect to take the stand as a witness?
Corporal Stone: Yes, sir.
Law Member: And be sworn?
Corporal Stone: Yes, sir.
Law Member} All right. Colonel.
T-5 Arthur L. Stone, 650th Port Company j a witness for the
defense, was sworn and testified as follows:
Trial Jugge Advocate: State your aame.
The Witness: My name is Arthur Lee Stone, siB.
Law Member: Arthur A or Arthur L?
The Witness: Arthur L.
Trial Judge Advocate: Your grade.
The Witness: Technician 5th grade.
Trial Judge Advocate: Your organization.
1^32
The Witnoss: 650th Port Company, sir.
Trial Judge Advocate: And your station.
The Witness: Fort Lawton, Washington.
Trial Judge Advooate: You are one of the accused in this
case?
The Witness: Yes, sir.
DIRECT EXAMINATION ' '
Questions hy Defense:
Q How old are you?
A I an 2k-, sir.
Q Married?
A Yes, sir.
Q Any children?
A No, sir,
Q Where is your home?
A You mean where was I born?
Q No, where do you live? ' .
A I live in Detroit, Michigan.
Q What was your occupation before?
A My occupation was skilled laborer j welding, metal testiner —
hot iron testing.
Law Member: What was that?
Defense: Metal testing.
Q When were you inducted into the Army?
A November 6th.
Q That Is 19^3?
A Yes, sir.
Q Now, since you havd been in the military service have you seen
any service overseas?
A Yes, sir.
Q Without designating the particular place, tell the Court what
theater of operations you saw service in?
A South Pacific, sir.
Q Southwest Pacific?
A Yes, sir.
1^33
Q When did you go to the Southwest Pacific?
A About October SSth, I think.
Q You have f;,'ot to speak up Stone.
A About October 2gtii.
o Lair:: Member: That is -ivhen you went?
The Witness: I think so. August or October; I don't know
which.
Law Meraber: You ciean you don't know whether October or
August?
The Witness: Which one of those cariie first, sir?
Q Well, you think abaat it just a second and see if you can't
recall.
Trial Judge Advocate: ':Te will stipulate with you he went
there in August-
Q August?
A August 2^th, sir. , •
Q And you were brought back for the purpose of this trial?
A Yes, sir.
Q Now, Corporal, calling your attefation to the night of August
li|., that is the night there was trouble at Fort Lawton between
the colored soldiers and the Italians.
A Yes, sir.
Q Where were you that evening when you first learned that there
was trouble?
A When I first learned there was trouble I was in my barracks in
my bunk.
Q You were in your barracJks in bed?
A Yes, sir.
Q, What barracks did you occupy?
A 719, sir.
Q, 719?
A ^es, sir.
Q Well, tell the Court in a general way what you had been d6£ng
that night beffira you -vont to bod; donH go into any details,
but tell the Court in a general way.
A I was down to the PX, sir. Just sat around down there. I messed
around do";n there until the PX closedo I drank a couple
glasses beet a^-d I left. After the PX closed 1 left the
PX and stood £.round out there in the road a while. I don't
know how far I got up there to my barracks. Ifmile I was
Ik3^
standinr out in tlie road then I decided to nake a phone call,
You let your voice dro-c. Keep it so the Court can hear
you.
A I decided to make a phone call to my ^iance in Detroit,
Michigan.
Law >l ember: Your who?
The Witness: "[y fiance, iiy comLaon-l?av wiie^ rather, sir,
A And I asked the operator to give me Detroit, Ilichi.qan, and
the number of the place, ^.nd she said I h.-.,ve to wait some time
for her .and I waited around there some time. Wasn't nobody
there when I got to the day room. ^J'Tien I -ot there i had to
shake on the door and ask the boy +o let me in. The Headquarter
boys were cleaninp i-^- tcp.
Law Ilember; You bet+er +alk a lit-^le louder.
A I'Tien I come down there to make a telephone call there wasn't
nobody there. Everybody h^d done one and two fellows, two
soldiers, from +>ie Headquarters were cleanin~ it up. I shook
on the door and the one who opened +.he door asked me what did
I want. I told him I wanted to nake a telephone call, could
I make a telephone call, ?i,nd he sail yes. 4nd j make a tele-
phone call, and I asked the operator could I make a telephone call
+•0 Detroit, MichigB^n, and she said wait a minute. Then
she called m? n^ht back and tell me I hrd to wai+ a while
because the line was bUe;^.
Don't ^0 into all that detail. Just +ell in a general way
whctt you did. ^
A Well, I waited a while and the telephone did ring and I talked
to the girl and told her I was -oin"' to be shipped and I
didn't know where to.
Law Hember: Well, you t?aked +-o Detroit?
Th3 Witness: Yes, sir.
Then after you +~,lVsd to vour lady in Detroit wha-^ did you do
then?
A I han4 the reoeiver up and left there a,nd come on -^o my
barracks and \%^ent right straight on the bed because I had ceen
out that other ni'ht and I ?-ot half hioh and I was feelin~
kind of drug'ish, find I pulled off my shirt — i h?„d on OD's —
I pulled off my shirt and slipped off my shoes -nd didn't
pull off my pants because I h-.d to :Tet up early the next
morning, because I know we were 7oin' +o be shipped, and got
up under one of the blankets and wen+ to sleep.
^ Do you have any idea what +^ime it was when you rot over there
and went to bed?
A Fo, sir, I don^t, because the px was closed. I spent gome +^ime
1^33
down there making up the telephone call. I don't exactly
know what tine it was.
Q All right. After you got into bed what is the first informa-
tion that oime to your knowledge or came to your attention
that there was something wrong going on; something doing down
there that evening; trouble?
A When I did hear I haard some noise down in one of the barracks,
a whole lot of soldiers, so I jumped out of my bed and slipped
on my shoes and went down there in my underwaar and with some
pants on. So I ran out there on the sidewalk then and the
1st Sergeant was standing there in front of the building* I
asked him what was the matter and he said, "Go into your
barracks and go to bed.," and I"cnnsisted" on asking him what
the matter was until he told me. He told me after I had asked
him. He told me, "Now, you sp on back upstairs and go to bed
because the M.P.'s is down teve now and they can go up there
and get the gun and shoot you out here for raising a whole lot
of devil and probably get killed or something", and I fleed
back in the barracks and went to bed.
Q Did you ever leave the barracks again that ni^ht?
A No, sir, I stayed in that barracks the entire rest of that
night .
Q I want you to tell the Court whether or not you ever at any
time went dovm there in that Italian area?
A I ne'vee been down there, sir, until the time the Court went
down there.
Q Stone, I want you to tell the Court whether at any time you
threw rocks at the orderly room or any building down there
in the Italian area?
A No, sir.
Defense: You may examine.
CROSS-EXMIINATION
Questions by Assistant Trial Judge Advocate:
Q Stone, what time did you finish your phone call, if you
reiijember?
A I don't exactly know what time I finished ny phone call, sir.
Q, This phone call was mad^ where?
A Detroit, Michii'an.
Q. Ihere were you when you.: were making the call?
A In a day room.
Q What building is that ?
A I don't recall the building number; I don't know the building
number. That is the day room, we have there. It was occupied
i436
at that time — at that tine.
0, Well, about what time was it, do you know; if you can remernber? ^
A I don't recollect what time it was. I don't know, just to tell |
the truth. i
Q, Did you stay at the PX until it was closed?
A Yes, sir, I stayed at the PX until it was closed. \
Q What time did the PX close?
A Suppose to close at 9tOO« I don(t know what time it closed
that night.
•!
•i
Q How long after you were in thePX did-you make the phone call? j
A I don't know. I stood out there some time, a while. Some of j
the other hoys I met in Detroit in that other company were |
over there. 1
1
Q Well, was it a half an hour? 'j
A I don't know, sir. I couldn't tell you. • 1
Q Was it an hour? i
A I don't know, sir. I didn't have no watch. ^ |
Q Was it two hours? ■ • „ ■ J
A I don't know, sir. ]
j
Q You wouldn't know if it were five hours, would you?
A I couldn't tell you what time it was, sir.
Q Well, did you stand out there five hours? -j
A I couldn't tell you lifliat time it was^. sir, because I didn't \
have no watch and wouldn't estimate what time it was. }
i
Q You remember pretty well the details of what happened that \
night, don't you? |
A After everything was over and the 1st Serpreant done told me what
was the matter. w
Q I mean before that you re-iember all the details about calling j
that lady in Detroit? . i
A Sure. ]
■Q And shaking on the door and what the operator said to you?
A I wasn't sahking down the door, I just shook on the door.
Q I just said that.
A No, sir, I didn't shake it dovm. I shook it; drawed attention
inside.
Q You remember all those details; who you were talking to after
you left the PX?
A I can't recolledt the boys name.
Q, How many were there there?
1^37
A Just talkins? about Detroit and some places around there.
-I
0, More than one boy you wsre talking: to?
A About two or three of them<»
Q Who were thoy?
A I don't know, I don't know them; I don't even know them. \
■ Just say they are from Detroit and I asked them different t-l ':-.~
places from Detroit there; had they been in Detroit. That
is w.:>at I was trying to find out.
Q Then you came back to the barracks and slipped off your
shirt, slipped off your shoes, is that rip-^t?
A TWhsn I got back to the barracks I went to bed. j
Q And you took off your shirt first, didn't you; isn't that ]
what you said? i
A Yes, sir. i
Q Took off your shoes? J
A Yes, sir. \
Q But didn't take off your pants?
A But didn't take off my pants. \
Q You left your pants on? .'
A Yes, sir.
'.1
Q Got into bed with your pants on? \
A That's ricrhtc
-1
Q, Did you ro to sleep?
A Yes, sir^ I went to sleep., -,
■ ■ .;<
Q The next thin^" you knew there was some noise outside that \
awakened you, is that ri"ht,
A Yes, sir.
Q What kind of a noise was it? ,
A A whole lot of them out there hollering and whooping. That ;
ia what drawed my attention* I just ran downstairs to aee %
what was the matter, whether they wers playing or whatever |
they were doin.-. \
1
Q I just asked you what kind of a noise. \
A I was just teilin- you, sir, about when I went down there. \
Q The noise thatt awakened you when you first woke up. What \
did you hear?
A I heard the boys down there hollering , talking.
Q ^ear what they were saying?
A i d3.dn't hear what they wore saying. I ran out there. The
Sergeant — after X come out there, I ran out there, I asked
this Sergeant whax was -che matter, because he was standing
1^3^
out there in front of the barracks and I knew something
unusual for him to be standing out thsre in front of the
barracks if there wasn't som-ahtlnfi: the matter. I thought
maybe some of the boys out there fisjhting or something,
Q When you were avakened you put en your shoes before you
went out?
A Yes, sir, I slipped en my shoes. I wouldn't go barefooted,
Q Did you live on the first or second floor?
A I live on the top floor.
Q You put on your shirt? • ' •
A tio, sir.
Q Did you put on a helmet?
A No, sir, practically c-o bareheaded all the time anyway,
unless I am up for inspection or something?.
Q, Thes'e things you are sure about; I'-ou are sure you didn't
take off your pants v;hen you went" to bed?
A No, sir, I didn't take off my pants when I went to bed*
Q, And you are sure you didn't put on a helmet when you got up?
A No, sir. I ;)ust told you no, sir, I-rAint put on no helmet.
Q Did you put on another pair of pants when you -rot up?
A I had on the same pair of pants.
Q You didn't put on another pair over them, did ^ou?
A No, sir, I didn't put on no other pair.
Q Hhen you oame back from otyerseas were you asked to write out
a ststement as to what happened that ni-rht,
A I was asked'ijo write out a statement about what happened to
me that nip-ht.
Q That is what I mean.
A yes, sir.
Q TWhatever you did or whatever happened to you that niaht?
A That's ri~ht.
Q And you wrote it didn't you?
A I wrote it as far as i could.
Q And that was about November 2nd, wasn't it? .
A I think so, yea, sir.
Q And you wrote the truth, didn't you?
A I causht m3'-self -irritin? the truth.
Q, Everything; you wrote that nia:ht was the truth, wasn't it,
as far as you know?
A AS far as anything to me.
1^39
? As far as anything you did that v/as the truth, Tjasr't it?
A Th-i- 'iTas the truth. o- - xu.
n Will you look at this statement and read it and see if that
is your statement (h-,nd8 paper to witness). Is that your
handwriting?
A I don't know, sir, yet.
P. How many lines do you have to read oafore you find out wh-+her
it is your handwriting.
Defense: You asked him to read it. Let him r ad it.
Assistant Trial jud^re Advocate: I asked him to look at
It .
Defense: Fell, he is lookinp; at it.
n Let me ask you Corporal, if you re.d enou^Th to find out whether
or not it is your handwriting?
A I will have to read it all he'ore i find out whether it is my
h-ndwritin^, Mis^ht not be m.y handwriting- on the oth-:r side.
Corporal, was the side you just finished readin- vour hand-
writing?
A This here, sir (indicating) —
Answer my question, was the side you firished your
h?ndwritin2;?
A ^es, sir*
Will you read the other side and see if it is your handwriting?
A The reason it took me so lonr;;, sir, I misspelled some words
on here and I h;\ve to make them ou+. Yes, sir.
Have you "inish-d readinr the second dide. Corporal?
A Yes, ir,
Q, Is that your handwriting;?
A yes, sir.
All of it?
A All but I 7-ot ur and put on my pants, because i already had
on- my pa.ntB.
Q Is that in your handwritins:; are those vvords in your h^.ndwriting-f
A All but this ri-:;ht here (indicating).
Q, Those words aren't in vour handwriting?
A Ri^ht here (indicating). "' - '
Q, Those are not in your handwritinr^, is that what you mean to :.■ v?
say?
A That is what t mean to s-.y, sir. "P'at*-in:T on my pants" that
is not in m^'' handwritin?-.
I '-1-^0
" TollVrS\lrl^^' '"^ '''' '' ^^^ hand.rltin,; aren't
A No, Sir, they are not the same; that 46 not in my handwriting.
? 3?^"^.^° ^°"^ ^^ yo^^ handwriting? \
A That's right. ^ .. i ■
Q Who do you suppose put it there? i
A I don't know, sir.
I
Q Is this your signature?
A That is my signature.
Q And your serial nunhor? '
A That is my serial number
Q Andjou wrote all that is on the first side of it, front
A That's right, sir.
? i?^^?'^-'- "'^^^^ ^^ 0^ *^e second side?
A That's ri^ht, sir.
Q Except the words what?
A "On my pants"
On my pants?
A Yes.
Q Those words are not in vour handwriting?
A That's not in my handwriting.
Assistant Trial Judge Advocate: (To reporter) Will you
mark this. I think it is Prosecution Exhibit '4-3 :-v r.hc.
A paper was than marked Prosecution Exhibit k- ^ bv the
reporter, ^ ^ ^ "^^ ""»
o^ +.v^^®^^®^^- "^^^ ^'^^'* *° continue your cross-examination now
or TiaKe a, recess.
Trial Judge Advocate: Whichever the Court prefers.
President; Well, it is up to you. You are cross-examining.
Assistant Trial Judge Advocate: I an just waitina: until
Defense Counsel looked at the statement. ^
Defense: I will agree with somethine: that has been said.
There are a few mis spelled words.
^^i^^ i^'^^ Advocate: We don't of 'er it as a literarv
gem. We offer it as a ststement.
Defense: I am not so sure it isn't a literary gem.
President: I think we will take a. recess for fifteen
liiinuteB,
The Cour*-, thereupon recessed at "^lOO p^rn., and reconvened
at 3:rO o'ol'jok pnn. , II Eccember 19^-^.
?ree:.d3"niG: x3 the px'jnocution read}-?
Trial Jud'?9 Advocate: T^ie prosecution is ready, sir.
President: Is the defense ready?
Defense: Tno defense is ready, sir.
President: The Court TJill come to order.
Assistant Trial Judge Advocate: Let the record show the
nembers of the Court are present, the personnel of the defense
and the proaejution, and all of the accused are present.
T~5 Ar'.hdr L. Stone, a ivitness for the defense, was re-
callod and testified further as follows:
CROSS-EXAMINATION
Questions by Assistant Trial Judge Advocate;
Q Corporal Stone, you are reminded you are still under oath.
A Yos, sir.
Assistant Trial Judge Ada^ocate: If the Court please, I
will offer this exhibit.' I understand there is no objection.
Defense: There is no objection.
Law Member: Stone's statement is received in evidence as
Prosecution Exhibit No. ^5.
The Stat enent was then marked Prosecution Exhibit ^-3 and
received in evidence.
Assistant Trial Jud::;;9 Advocatei I will re-.d it to the
Court after a question or two.
Q Corporal, I believe you testified previously on direct
examination that you went to bed and wont to sleep with your
pants on?
A Yes, sir.
And then you were awakened by the noise outside, is that correct?
A Yes, sir.
Q How long did it take you to go +0 sleep?
A I just fell right to sleep.
Right away?
A Yes, sir.
Q. Within a minute?
A I woudn't know, sir^ about any minute, when I went -i-o bed I
fe]l asleep booauGO I had been out the other ni~ht all night
just about and had been drinking a little bit and I was
feeling diug'-^y, sir.
Q You were i-eeling druggy?
A Yes, sir» ~
Assistant Trial Judge Advocata: This is •■Prosecution
Exhibit i+5; I will read it.
The Assistant Trial Judge Advocitte then read Prosecution
Exhibit to the Court.
Defense: There is no objection.
Assistant Trial Judge Advocate: A typwritten copy of the
S't- .sAaiT.ont juat read, which is Prosecution Exiiibit k-3, is
furnished by the Court.
Law Member: That will be marked 4-5 too.
Q, Corporal Stone, do you know Jesse Sims?
A I don't know him very good, sir.
How long have you known him?
A I don't exactly know, sir, how lor^ I knowed him.
Did you know him before Auaust I.4-, 19^?
A I think I did, sir, but I didn't know him very good. I just
knowed him by his face.
Defense: Speak up so the Court can hear.
A I think I did, dir, but I didn't know him very good. I just
knowed him by his face.
Q How long had he been in the company with you before Ausoist
A I don't know, sir. .
Q, Did you ever have any trouble with him?
A No, sir.
Q Did you know Willie Ellis?
A Yes, sir, I know him.
Q How long have you known Willie Ellis?
A I don't ^know whether he was there when the company organized
or not» I imagine so; I don't know, sir.
Q You have known him long enough to have forgotten when you
first met him?
A Sir? .
Q You have known hin long enough to have forgotten when you
first saw hin, first kne^: him; it has been quite a while ago
you knew him first, wasn't it? •
A Oh, yes, sir.
Q Quite a while "before August I4-, wasiAt it?
A Yes, sir.
Q Did you ever ha^e any trouble with him?
A No, sir.
Q Did you hear him testify that you were standing near the
window of the orderly room in the Italian area?
A Yes, sir. , ._
Q Did you hear Willie Ellis testify that he saw you go tnto
room X and then in room Z in the orderly room of the Italian
area?
A Yes, sir.
Q You knew Sergeant Gresham before August l4-, iSk-k, didn't you?
A Yes, sir, we come in together.
Q You knew him quite well, didn't you?
A Not quite well. I knowed him
Q You heard him testify here?
A Yes, sir*
Q You heard him say that he saw you in the orderly room when
he arrived?
A Yes, sir*
Q Dfi> you know Corporal Kingi did you know him before August I^-i
I9H.E1.?
A Yes, sir*
Q Did you hear him testify that he saw you leave the orderly
room in the Italian area?
A I oust remember what he said, dir. I don't know exactly what
he said — testified against.
Q It was in connection with you in the orderly room, in the
Italian area, wasn't it?
A Yes, sir» something like that.
Q Did you have any other civilian occupation than metal tester
and whatever else it was?
A It was a welder.
Q Did you have any other civilian occupation?
A No, sir. If I ocmldn't get the job I was trained for or
wanted, I -r^ould get any kind of work instead of beinff out in
the street.
Q Did you ever do any prize fightine? ■ - ./
A Yes, sir. ' ■
Q How niich prise fighting did you do?
A I done quite a little bit in the amateur. - .:- v
Q, Amateur standing? ,. .■ '..i
A Yes, sir. ' ' ^. *"^
Q No professional fighting?
A No, sir, no, sir.
Q You were pretty handy Tvith your fists, is that right?
A I wouldn't know, sir.
Q Have you ever won any chaapicnstoi^s?
A I wouldn't say I win any— won any, sir — ^because four or
five of us boys fouit;ht up there at Fort Lawton and the
company oonmander frave us a medal of some kind
Q You won a medal at Fort Lav/ton for prize fiirhting, is that
right?
A Yes, sir.
Q I show you prosecution Exhibit^l-I, which is a piece of metal
and I will '3i3k you if you can tell me if you know what it is
Just take it in your hands.
A Something; cut of a 51 bed.
Q part of a GI bed?
A Yes, sir.
Can you tall me without any instruments iust how hard that
IS?
A It is pretty hard, sir.
Q Pretty heavy?
Law Member: Vhat is the '^hibit number?
Assistant Trial Jude:e Advocate: ^I
Q Did you Bee any of these on the night oi ^vurast 1^1-, 19^4-?
A No, sir.
Q It is the same kind of le'^,s you had en your bunk?
A No, sir, we had v/o-^d^r. ..-6, ^ .
Assistant Trial <:.j.:.c- /'ooate; Tlir/r .'.t; all.
President: Any redirost? -
Defense: Yes.
REDIRECT EXAMINATION
Quest ioneL by flefense:
Q Was that down here in the regular gy-nnasium where they used
to hold boxinp: matches once a week?
0. No, sir, it was up here. Up here — yes, sir, it was up
here at the aymnasium.
There being no further questions the witness was excused
and resumed his seat as one of the accused.
Assistant Defense: We will call Nathaniel Spenser.
Law Meraber: You were on the stand before, weren' you."
Spencer?
Corporal Spencer: Yes, sir.
Law Member: You have talked it over with your counsel?
Corporal Spencer, v-'^iSi^:. '"'
Law Member: And you vi.sh to be sworn as a witness?
Corporal Spencer: Yes, sir.
Q Corporal Stone, the boxina: you did here at Fort Lawton, that >
wsLS of amateur variety, was it not? J
A Yes, sir, it was ar.ateur fighting. 1
Defense: That is all. 1
RECROSS-EXAIIINATION t
Questions by Assistant Trial Judge Advocate: |
Q Did you ever do any prize fis-hting before you ffot to Fort j
Lawton? i
A Not much only when I was a kid. Used to fight a lit+lej not |
much . :^
President: Any cfuestions by the Court? There appear to I
be none. That will bd all. Corporal Stone. i
Law Member: You remember the advise I ^ave you before j
when you took the stand? '^
Corporal Spenoer: Yes, sir. '\
Law Member: And you fully understand your riahts? 1
Corporal Spencer: ves, sir. i
i46
Q And when did you so to the Southwest Pacific — about when?
A It was August 27, I think.
Q, Then you came back just recently?
A Yes, sir.
Q Calling vour attention to the nicht of Auccust ik- of this year,
which was the ni.Tht that there was difficulty betwesn colored
soldiers and the^ Italians, I will ask you what barracks you
occupied.
A 719, sir.
IH-J4-7
Defense! He has already been sworn. |
Trial Judge Advocate: You are just being advised you are still
under oath.
Corporal Spencer: Yes, sir. |
T-5 Nathaniel T. Spencer, a witness for the defense, w?„s |
recalled and testified further, as follows: ■]
■ r \
REDIRECT EXAMINATION i
1
Questions by Defense: |
• ' ' 1
Q How Old are you, Corporal? \
A 33, sir.
Q, And are you married? V,- • \
A yes, sir* .|
Law Member: How old is he, please? \ |
■1
Defense: 33. . i
■ ' , }
Q TlThat was your civilian occupation? • \
A I was a ohec\Ter at the U. S. Rubber Company. . ^
Q U. S. Rubber Company? '!
A Yes, sir. \
' . i
Q Whereabouts? «
A Detroit, Michigan* 'I
Q, when were you inducted into the military service?
A February 5, 19^^ \
Q Have you seen any overseas service since you have been in
the army, Spencer? ■ " j
A Yes, sir.
Q Without indicatii^ the particular place where you were, what
theatre of operations was that in? ,
A In the Southwest Pacific, sir* \
Q Upstairs cr downstairs? . ., - • i
A Upstairs in the rear. ■*... |
Q, Whereabouts wers you that evening:, Corporal, when you first
leaimed of difficulty between the colored soldiers and the
Italians?
A Well, I was in the back cf the barracks playino: poker. i
i
Q Playing poker?
A Yes, sir,
Q Well, now, just f^o ahaad and tell the Court just what happened
after you were playinT poker there and it was called to your
attention that sonethine- unusual was taking; place? i
A Well, we heard a lot of noioe outside and some of the fellows
in the barracks ^ they went downstairs then, and we kspt on
playing poker% Then uO hiard somebody come upstairs and ^
say Hontp'omery had crotten knooed out. Some more of the
fellows went downctairs and we would havw went, I guess
but we were busy in the poker bane* Then i heard sonebody 4
come up and say, "Fverybody out". I don't know who that ^
was, but somebcd7 say, "Everybody out," add we still set "a
down there. We didn't pay no attenti-^n to it. We kncwed
there was a fia:ht roinr' on but we thou-"ht it was just
between two or three soldiers — two or three regular
soldiers fighting in the strjet.
Did you see Sertreant Grssham up there that evening?
A Yes. sir, I saw hiri when hs came in and he was talkins- to i
Richard Barber, ^'^-d he was eretting after Richard Barber \
about not falling out and 'i heard that. Then I mjess about j
five minutes later a whistle was blcwn^ I don't know who 1
blew it. 1
Q Had you heard a whistle before that time?
A The first whistle I hearcl. I heard there was one blown, but
I didnH hear it. The fir3t one I heard. So when the whistle
Was blown it looked lil:e averycody was up there in the barracks
sttod up then and fell out. Wnen I fell out, when I TOt around
to the bottom cf the stairs, I saw men from all the rest of
them runninfr down towards the Italian area,
■ <
Law Member: Towards what? ]
■ ■' .-- I
The Witness: The Italian area. -.- ', |
Q Did you go down yourself? ,^
A Yes sir, because I had been down there once before when the
whistle was blown and stopped the Italians. I thou^^ht it '.:-£>
was the same thing over again. Well, it was awful dark. It
was awful dark and I was afraid because I heard by that time,
I heard somebody eveiff vot tilled, and then I heard some
of the men had been dru'^^od dowii there -.md were gettins: beat
up. I was afraid to ~c d^;7n there because it was awful dark,
so —
Q. Go ahead.
A — (continuing) so I star+ed on down the road and some men
was oominp" "back from the area, some men were goins* towards
the area, and some of them were running and some of them
were walkins:, bat I was half running and half walking because
I didn't know exactly where i was soing. I was headed to the
north and the closer I got to the north it seeded like just
like more hand to hand combat and fi~hting. I didn't hear
no hollering. You hear more this other noise just like men
were fighting, and I was looking tryin^^ to see what I could
see, and the first man I seen was one of the accused here.
Law Member: ^J^fhat is that?
The witness: He is on trial now. Tne first man I seen down
there was one of the accused here.
^ All rirrht. Then what did you do?
A Well, him and another soldier, a white soldier, were together
and I thought they was fighting, I f.-.ourht they were tussling,
fightine one anot.her, because they were taat close together;
and I intended to help him. It was my intention to help him
fight because I thought some of our hoys were drug-^ed down
and getting whipped. Well, I went down to help them out*
I had nothinf? in my hand, nothing at all, s4) I knew I needed
something to fight with and I looked around and I saw a stick
ahout a foot lonr:.
Q How thick was it?
A Oh, it wasn't bi'T enoun:h to fight with. It, wasn't the size .
I would pick on, really. Just the first thins: I seon.
1
Where did you find that?
On the ground, on the pathway.
Q Well, come over here Spencer, and look at this map which is
Prosecution Exhibits. Are you familiar with this now from
the explanation you have heard?
A Yes, sir, I been in the Court; I am familiar with it.
Q YOU understand this is tarracks 719 hers (i?idicatinc)?
A Yes, sir*
Q And this ts the mess hall of the 57Sth Port Company, Buildine-
No. 700; you understand that?
A Yes, sir.
Q Andycu understand this area bounded by Wyoming Aven.nue and
Lawton Road is the Italian area?
A Yes, sir.
Q Now, back over here so you don't block the Cour'l^s view and
show them about where it was that you picked up this stick
to help out this other ooy you saw?
A It must have beon right at this barracks 7O9.
I^^9
■^J
Q And then what did you do?
A By that time I haard something sounded like a shot. I thoup-ht
they were shoctinsr down there 'at me.
Q And wh?.t did you do?
A And by then I saw Johnnie Ceaser — I saT7 john Pinkney and
another i^hite M.P, say, "Break it up," and a jeep coming down
the road; so Johnnie Ceaser and myself came on "baok up to
the area, to the- colored area.
Q Back up to your barracks?
A yes, sir.
Q Did you go into your barracks?
A I stood out there a little while and I had an arsiiement out
there before i went in, and then I went in*
0, YOU say you stood out there* Where did you stand?
A I stood in front of barracks 719.
Q Now, I want you to tell this Court whether or not you ever ffot
any closer that nir^ht to the orderly room than you have
indicated on Prosecution Exhibit 2.
A I did not, sir,
Q I want you to tell this Court, Gcrpcral, whether or not you
at any time ever said to Willie Ellis or anyone else, "We
had ourselves a ball", or words to that effaot-?
A No, sir, I did not.
Q I want you to tell this Court, Corporal, whether or not you
at any time that nirht struck an Italian?
A I did not hit a maa, sir.
Q I want you to tell this Court whether or not you at any time
that night damaged Government property down there?
1^50
Q Well, were you in the road or inside the Italian area? ^
A I never ^-rot off t he road. i
Q. you were in the road all the time? =1
A Y3S, sir, I
Q Well, who was this other boy you were seeking to help? ■
A Corporal Johnnie Ceaser, .'
i
Q Did you help him? . • • J
A No, sir. When I picked up the stick I was goinix to hit over \
his shoulder at this soldier I thou^-ht was Italian, and he |
stuck his arm out and stopped the lick and he said, "No this i
is an Americsiffl soldier." , t
s
i
Q Who did that ? . . ^j
A Johnnie Ceaser did that* <
i
A No, sir, I did not *■
Defsnsej You may examine,
RECROSS-EXAinNATION
Questions by Trial Judgs Advoaate:
Q. It wasnH your fault you didn't hit one?
A No, sir, it was not*
Q You did your bost to hit ono?
A It was my intention to hit someone.
Q You took a Bwinp; and you say Johnny Ceaser warded off the
blow?
A Yes, sir,
Q, If it hadn't been for Johnny Ceaser v/arding off the blow
you would have struck him?
A Yes, sir.
Q So you don't olain any credit for not hitting one, do you?
t Well, yes, sir, I didn't hit one.
Q But Johnny Ceaser deserves the credit f&r that and not you.
A.- Y3S,gir.
Q All right. Who were you playing poker with that ni^ht?
A Oh, a bunch of follows in the barracks. We had been playing
since early dark and off and on different fellows playing.
Q, All right. Tell us now who you werd playing poker with;
that is the question.
A Well, a fellow by the nairie of William Wilson, a fellow by
the name of Corporal Milton Fuflpia.
Q, Who else?
A And a couple of fellows fjom 57Sth Company. I don't know their
names •
Q Who else?
A That is about all I can recall at the time.
Q When you heard -uhis whistle blow did you then go downstairs?
A Yes, sir.
Q, Did you hear somebody say, "Everybody out"?
A Yes, sir,
Q Were you the only one that went downstairs or did those
playing poker wiVn you also go downstairs?
A I don't knot?, sir. I thou.rht everybody went.
Q, As far as you know everybody you were playing poker with went
downstairs?
IJ4.51
A Yes, sir, as far as I know,
Q Now, James Coverson was one of those playinc poker with
you?
A Yes, sir.
Q You haven't mentioned hin.
A You said who was playinr poV.er with me at that time. That is
what I thought I ansv/e^-ed you.
Q When was he playinr poker with you?
A Early part of the evening.
Q TlTho was playin- poker with you at that tine?
A I called the names.
Q And you can't think of anybody else?
A At the time?
Q At the time.
A That is all; I called the four names.
Law Member: At the time of the whistle that is , now?
The Witness: Yes, sir.
Q What four names did you call?
A Milton Fuqua, and Willi =jn Wilson, and two soldiers from the
57Sth that I don't know the names*
Q Well, you cJldn't know their names, did you?
A Well, best I knowed. '
Q You called the names of only twd^ Wilson and Fuqua?
A Yes, sir.
Q Who did you play poker with earlier in the evening?
A Well, everybody in the barracks has played, I mess, off and
on*
Q Who do you remember you played with?
A Well, I remember playino; with Coverson earlier, and playinp;
with — I can't think of their names now. I remember play-
incr with — I can't think of their names now.
Q Oh, all ris:ht. Do you remember what you said in yovr written
statement as to why you went down into that Italian area?
A Well, no, sir, I don't; not exactly.-
Q Well, whatever you 9?.id in that written statement was the
truth, wasn't it?
A To the best of my knowledge, sir.
Q. That is the first statement you made to anybody about this
whole matter, wasn't it ?
A Yes, sir.
Q DicSn't you say din that statement that the reason you went
down there was that you heard that your buddies were down
there and needed help?
A Yes, sir, I heard that.- I said that.
Q And that was the reason you went down there?
i!^!?* ^^"^^ ^"^^^^ because the whistle blowed and I hsard my
buddies were down there and needed help. That is the reason.
That is what I thought I said in my statement.
Q When you went downstairs you saw men runnine down to the
Italian area from all directions?
A Y©s, sir,
Q Quite a few of them. Who was that kept saying, "Everybody
Out ? "
A I don't know, sir*
Q Are you sure you don't know who kept sayincr, "jiverybody
A I am positive.
Q How many tines did he say it?
A I heard once* ' ■
Q What did you mean in your written statement when you said
somebody kept sayirj:^, "Everybody Out"?
A Well, I guess diflferent ones were sayine; it, but I heard one
loud vfliice ssy, "Everybody out"?
Q You didn't say in your statement someone said, '»'Ev£;rybody
out"?
A Well, the statement oould be wronsc then.
Q Well, is it wr<l>ng or is it ri^ht?
A What I am telling you is the truth.
Q Didn't you say the truth when you made this statement in your
own handwriting?
A To the best of my knowlodAe, sir*
Q And. in that statement you said someone kept saying, "Everybody
out"?
A W§11, I meant to say someone say, "E\-erybody out" ;oud» One
man say that I know, and I kept hearinr it over and over
again, "Everybody out".
Q Oh, you did hear it said over and over as:ain. "Everybody
out". "
A I don(t know, sir. I couldn't sive you a name.
Q NOW, you started running down there becailse you say that your
1*53 .
fgf
buddies needed help?
A yes, sir.
Q you heard the whistle blow and your buddies needed help?
A Yes, sir.
Q You say you didn't take anythini-c olonr until after you ^ot
down there?
A That's true.
Q How did you expect to help your buddies when you didn't have
anythin- with you?
A I often wondered that myself,
Q Yes, I am sure you did, And you didn't pick up anything until
after you ^ot down there?
A Not un+il then.
Trial Jud'^e Advocate: I Relieve that is all.
Defense: I h'xve no f^arther questions.
President! Any ^estions by the Court?
Law Mambor: May I see that state^r.ent?
Defense: Yes; sursly.
Law Menbor: 33 . -
Trial Jtui-,'c Advccat-e: I have the one. Here it Is, sir*
(handinr the paper to fie Law Member)
EXiVl^INATIOLT 3Y THE COURT
Questions by Major Crocker:
Q Did understand ycu tc say Johnnie Ceaser was talking:
with the white soldier or vas fiirhtinn-?
A I thou-:ht he was fii:;>.tin-;, but he was helpin,r him, sir.
Law Members He was what?
The Witness: He was helpin- him; he was brin-in- him out
of the area.
Q YOU didn*t SSG the white soldier raisinc his hand or doinrr
anything of that kind?
A No, sir, I never sec where one raised a hand. They were
toncether in a clinch. I thiurht they were firhtinr, wrestlinr:.
Questions by Law Member;
Q How soon after that occurred, Spencer, did you return with
Ceaser to your ■barracks?
A I cane strai'-ht back to my barracks, sir.
Q And Ceaser want up with you?
A yes, sir, he did.
Q TOiat happened to the boy he i!7as helpin-'?
A I think it was the third party with Ca^-ser — I coulc3n»t tell
you — ^but I think he took over.
REDIRECT EXAMINATION
Questions by Defense:
Q I don't know that I clearly understood your response to the
Court's question. Did you tell the Court Ceaser was helpin~
tiis white American soldier?
A yes* sir, he was helpin~ him.
Defense: That is all,
REGROSS-EXAJ.mTATION
Qaeetions by Trial JudTe Advocate:
Q Well, you thought he was fi^-htin-, didn't you?
A ^«s, sir*
Q Who was this white soldier?
A I don't know, sir.
You have seen some noncommissioned officers come in here and
testify who were hurt down in the Italian al78a that nirhtj
some ACierioan white noncommissioned officers?
A ysSjSir.
Q Any of those men that came in here and testified, were they
any of those?
A I don't know, sir.
Q, Well, you walked up to the barracks with them, you said?
A I walked up with johnny Ceaser.
Q Well, did johnny Ceaser turn this man loose immediately after
you took a swip® at him?
A yes, sir, ue was talkin- to me.; he told me, ho said, "They
are not firchtin- anymore."
Q Oh, they were through fi-htin^c. And that is the reason you
went back to your barracks?
A I don t know.
^rial Jud're Advocate: That is all.
Defense: Nc further qusstions.
Law Member: Did yoy say you had a, questionf
Defense: No, nc further questions.
EXAMINATION BY THE COURT
Questions by Major Carpenter:
Q Was the white soldier with Johnny Oeaser an M.P. ?
A No, sir, he was not an M.p,
^: He was not?
A atO, sir.
Major Carpenter: That is all.
Prosidcnt: The witness may be excused. That is all.
There boinr no further questions tho witness was excused
and resumed his soat as ons of the accused.
Pfc. Milton D. Prat ten. Headquarters and Headquarters
Detachment No. 2, Camp Gecrce Jordan, A witness for the defense;
was sworn and testified as follows:
Trial Judc© Advocate: State your name.
The Witness: Hilton D, Bratton.
Trial Jud-^G Advocate: .'tod your crade.
The Witness: Private 1st class.
Defense: Speak up.
Law Member: ?;ho is this now?
Trial Judfre Advocate: Milton D. Bratton.
The Vfitness: Yes, air.
Trial Judro Advocate; ;\nd your or-anization.
The Witness: Headquarters and Headquarters Detachment 2,
Camp Jordan, formerly 650th Port Conpany, i^ort Lawton.
Trial Judre Advocate: You are not one of the acdused in
this case?
The Witness: Not at pr sent.
Trial jud'^e Advocate: Ycu were at one time?
The Witness: yes, sir.
1^56
Trial Jud^e Advocate: That Is all.
DIRECT EXAMINATION
Questions by Defense:
Q How old are you, Bratton?
A 32, sir.
Law Member: Speak up.
The Witness: 32.
Law Member: That is the way to talk .
Q Are you married?
A Yes, sir.
Q Have a family?
A Yes, sir,
Q what does your family consist of ?
Trial Judcte Advocate: Those are stranre questions to ask
a witness. No need to ro into all that.
Defense: I usually like to know whether a man is a family
man or not a family m.an.
Trial Judt^e Advocate: I can't see where it makes any
difference with a witness.
Law Member} The objection is overruled.
A Two boys and one -irl, and a wife.
Q What was your civilian occupation. Private Brat+on?
A For I^- months prior to eiiterinn: the Army I worked in a saall
arms plant, and for six years before that I was captain of
waiters at the Elms Hotel.
Q Where is that?
A Excelsior Sprin s, Missouri.
Q When you were captain of the waiters there how many did you
have under your supervision?
1^57
A Around forty re.--ularly. Sometimes about thirty more for
conventions. "^ *
Q iimen were you inducted int'S the military service?
A In January, iSk^-,
Q And. on August ik^ of this year you were a memher of the 6^0th?
A Y®^j sir. -^ ■
Q What "barracks, Bratton, did you occupy?
^ 719.
Q Barracks 719?
A yes, sir,
Q. And in what part of the barracks did you live?
A I lived near to the front on the rirht-hand -side faoinn; the
street.
Law Member: Upstairs or downstairs?
The Witness: Upstairs^
Q Callin~ your attention to the niTht of Au!?ust l4- which is
the nifiht there was some trouble betv/een the colored soldiers and
the Italians, what time lid you go to bed?
A I don'^t know approximately, but the nearest I can estimate
was somewhere between 900 and 10:00.
Q Now^ after you went to bed and were asleep > were you awakened
by anyone?
A Yes, siri
Q Who was that?
A The firwt time I was awakened by Citarles Chandler.
Q And what was the occasion of his awakenin- you?
A His mother, whom he had boen wantin- me to meet, was in front
of the barracks.
0. Did you meet his mothert • •
A No, sir, I had a headache at the time and 1 exduSed myself
because I didn't want to dress.
Q Did he borrow anythin-z from you?
A He borrowed my field jacket, yes, sir. to wear to the bus
stop with his mother.
Well, after Chandler left you what did you do?
A I went baOk to sleep.
Were you awakened by anyone?
A Yes, sir, I was awakened by William A. Wilson who sleeps over
me.
Q, now durin? the time that Chandler 'borro^ve.d your field jacket
and the time you were awakened by I'^illiam^A. Wilson were you
asleep durinp ^hat period of time or were you awake any of it?
A I was asleep, air,
Q, Did anythin." coaa to your attention when "^'illiam A. ^"'ilson
awakened you?
A He awakened me in this manner. He told me to get up and put
nny clothes on, and I asked hira why should I ^e+ up and put my
clothes on, and he said there was trouble and the Italianil
may coiie up there. I askdd him why should the Italians
come up there, and he said they had knocked out two of our boys
and they had gone to fi^ht them.
Q Well, did you '>;et up and put your clothes on?
A I didn't put my clothes on. I o;ot up and looked out the
Window,
Q Well, did you have occasion abou"^ +his time to have conversa-
tion Virith anyone else?
A After I looked out the window I cou.ldn't see anythinr but
the li'-hts of +he mess h--ll so I got back n led. At that
timie ?red Brown, who sleeps next to -a-.e, had come into the.
barracks and was talking about going in+o the ar-a. wiison
was rf-monst rating v;ith him a.nd asked "^Q to say a word.
Did you say a word?
A Yes, sir. And about this time the boys who sleep across the
aisle from us also were havini a conversation, speakin" about
how they would like to be -:i.t home and how they w^uld be on
the train the next da.y, and like that*
Q Do you know Booker Townsell, one of -^he accused in *-his case?
A Yes, sir. He was the most dominant voice in the conversati-n
across the aisle.
Q Across the aisle? ■ •
A Yes, sir.
Well, I want you to tell the Court v/here pooker Townsell was
that evenin' .
A He was in '-ed as I remembe-; it. Just seen his head, which
he had just fr-shly shaven, stickin- out from under one
of the blankets.
Was he a participant in f-'ls conve::sation you have .just told
the Court a'- out?
A He was havin'; a conversation with the boys who were sleeping
around him.
Well, where was Boukec Townsell at the time wmiam A. Wilson
su?<3ested that you had better .~et up and dress?
A tie "was in bed at the time.
Q And when did this conversation that you heard Booker
Townsell en^a^e in ■'■ake place with respect to the time you
^•ot up and went over to the window to look out?
A That was while I was at the window, cominc "back and .'^ettin'^
in bed.
Now, after you tot hack and pot into bed airain, what did you
do then, Brattom; did you to rirrht to sleep ot did you talk
for a while?
A After I finished talkin~ to Brown and he decided not to rro ,
I went back to sleep.
0. YOU went back to sleep?
A Yes, sir.
Q Now up to the time that you went back to sleep there, where
was Booker Towns ell?
A He was in bed.
Q Defense: you may examine. Counsel.
CROSS-EXAIilNATION
Questions b^"! Trial Jud~e Advocate:
Q, You don't know whether or not Booker Towns ell ~ot up from
bed when you were asleep or not, of course?
A No, sir, bein" asleep
Q And you were just awake, as I believe you have testified,
about ten ralnates.
A YQB, sir, rourhtly.
And at the time you were awake those ten minutes what did irou
hear or see?
A You mean conversation? ■
Q No, I mean noise or anythin-.; like that outside?
p^ Oh, there wasn't imioh noise outside.
Q There wasn't much noisCv You doM't know when this riot occurred
down in the area; I mean as to hours?
A No, sir.
Q, You don't know v/hether the fif?ht was om at the time you saw
. eof?,ker Towhsell or not?
A, I don't know whether the fitht was en, no, sir.
Q And all you know is that ni.-rht Booker Townsell was in bed
durin* that time when ^'■ou were awake?
A Yes, sir.
Q And that was about ten niinates?
A yes, sir.
Q Now, about what time of the ni~ht was it wh^n you saw James
Chandler?
l!4-60
k I ha>T©aH ^^'^ idea.. Sie, i had --one to sleep, and awakened.
and -^on3 to sleep =i'~ain.
Q You went to sleep pretty early the first time, didn't you?
A Well, I left the mess hall around 9:00 and it was some time
after that,
Q Pretty shortly after that?
A No, sir. I had ~otten my ^ear intfe shape so all I had to do
to':^ether for the next day's *rip,
Q Was it thirty minutes after you went sleep?
A I estimate it was, sir.
Q So it would he around 9:30 would be your -ij.ess?
A I h?.ven't any idea. It was somewhere in that nei~h"borhood.
Q In that neiprWrorhood. And you don't know how Ion- you had
heen asleep?
A NO, sir,
Q When you saw jamee S^handler?
A No, sir.
Could have heen a few minutes, could have hecn an hour?
A I haven't any idea.
Q, Did you see Jcunas Chandler anymore that nirrht?
A NO, sir.
^, Do you know when he returned your field jacket to you?
A It was there when I .-ot up -^--he next mornin^. See, it han-s
at the fleet of my hedc
Q Did you notice anythinr- peculair ahout that field Jacket?
A No, sir.
Q Did you examine it to see whether it. had ^.ny stiins?
A No, sir, I had TxO reason.
Now, lets see. I belie^-e those were the two you mentioned,
wasn't it, Booker Townseil And Chandler?
A Yes, sir.
Trial jadre Advocate: I believe that is all.
Defense: I hwe no further questions.
President: Any questions by the Court?
EXAMINATION BY THE COURT
Questions fey President: " '
Q Bratton, You said that somebody came into the barracks and
1461
wanted to .ro out, and -uhey ar.^oiad T:lth him ?,l:)out not -oin"
out. wTio was that man that cime Into the ^arracks?
A Fred Brown,
Q Fred Brown?
A Yes, sir.
Q That is not the Brown that is accused here?
A No, sir.
President : The witness may he excused.
; ' ■■ ' *■• ^ -Z •
. . V - ■ •■- .^-' v*< ♦
Defense: Can he be permanently excused?
Trial Jud-e Advocate: I see no reason why not. If so,
we can call him a~~in.
Defense: Yes.
There heinrr no further qruestions , the witness was excused
and withdrew.
Assistant Defense: ?fe will call Booker Towns ell.
Law Memhsr: j^as he oeon on before?
Defense i No.
Law Me->i.l:er: Private Townsell, it is my duty to explain to
you have certain ri'hts which you have here' as an accused in a mil-
itary court-martial. First you may be sworn as a witness like
any other witness and -ivo testimony Tinder oath. Your testimony
is then a part of the evidence and will be considered by
the Court as suck, you will then be subject to cross-e34amination
like any other witness by both the prosecution and the members
of the Court. Or you may make an unsworn statement in denial,
explanation or extenuation of the offense charre . Th :' unsworn
statement can be made orally or in writ in" and either by yourself
or by your counsel. Such an -answom statement is not evidence
in the strict sense of the word but will be tiven such considera-
tion as the Court r.-.y see fit, and you cannot be cross-examined
on anythin-^ contained therein or, lastly, you may remain silent
and not make any statement, sworn or unsworn, and the fact that
you do remain silent cannot be considered a~ainst you. Do you
understand that. Towns ell?
Private Townsell: Yes, sir.
Law Member; Is there any further explanation you want?
Private Townsell: No, sir. .
Law Member: Have you talked it over with your counsel.
Major Bceks?
lil-62
Private Townsell: Yes, sir. 1
Law Msnloer: And have you decided what you ^lant to do?
PrlvatiirTownsell: Yes, sir.
Law Mon'-er: And that is to te sworn as a witness?
Private Townsell: Yes, sir. ' '
Law Member: All RiP"ht. j
Private Booker Townsell, 650th Port Company, a witness for
The defense, was sworn and testified as follows:
iprial Jud'-e Advocate: State your name.
The YJitness: Private Booker Townsell.
Trial Jud~e Advocate: And your organization.
The Witness: 650th port Company.
Trial Jud'-e Advocate: And your station?
The Witness: Fort Lawton, Washin-ton.
Trial Jlid^e Advocate: You are one of the accused in this
case?
The Witness; Yes, sir.
DIRECT EXAMINATION '" <
Quest ions >y Defense: j
Q Speak up louder than that, Townsell. \
A Yes, sir. ■']
Q All ri.rht. The Court wants to hear you. Speak up loudly so
they can all hear you. How old are you? i
A 29. Be 30 the I5^h of February.
Q Are you married?
A Yes, sir.
Any children? " i
A Two.
!^ And where is your hone? ". .^
A My native home where I was horn?
Q Your home at the tine you were inducted into the service?
A Milwaukee, Wisconsin.
Q, And what type of civilian occupation lid you have hefore
Ii|63
you came into the Army?
A I was a sandblast er in a defense plant.
Q SandlDlaster in a defense plant?
A Yes, sir.
^ ^fhen were you inducted into the Army?
A In 19^+3
19^3? ' • '
A Yes, sir.
Q Now what ':arrackB did you occupy, Towns ell, as a mem"!:er of
the 650th Port Company on Aurust iK of this year?
A 7^9.
0, 7I9» You slept upstairs?
A Yes, sir, • .
^IThsre did you sleep with reference to Milton Bratton?
A Well, I slept in the first "'-ed as you come upstairs,
on the ri(?ht-hand side as you come upstairs, and Bratton
slept about the third 'red, third or fourth bed on the
ri~ht-hand side also "oin- down* I slept on one side and he slept
on the other. It was ri""ht across.
Q. What time did you -0 to bed that ni^ht?
A I went to bed between 3:30 and 9:00.
0, You went to bed between 8:30 and 9:00?
A Yes, sir.
Q Well, do you have any idea about what tirpe it v;as you went to
sleep there after?
A No, sir, I don't exactly. I couldn't say exactly what time
I went to sleep;
Q, Well, tell the Court whether or not after you went to ""^ed
you ever -'Ot up that ^venin-^?
A No, sir, I did not.
Never rot up an^.^time?
A No, sir,
Q, Well, after you went to bed and:,sleep that evenin.r did you
ever at anytime awaken thereafter?
A Yes, sir, I was awakened that ni^Tht. I don't know
exactly what time it was, butt- I awakened.
Q iJTho awakened you?
A When I first awakened it was the OD ?>,nd a Lieutenant and
our 1st Ser-eant was in the barracks. That is when I first
awakened up.
Q Well, did you have any conversation that evenln- with anyone
•Ii4-6i).
after Milton Bratton had --ome to "'■^■ed?
A Yes, sir, I think Milton was in — I don't know exactly
whether he was in hed, l-^ut J. D. Horton and me we did
lay awake and talk awhile "'Tefore we went sleep.
Q Did you have any conversation with a raan "b y the name of
Terrell?
A John Terrell? Yes, sir, he and I carried on all the time.
he slept up over me and I slept underneath him.
Well, I v/ant you to toll the Court now, TownSell, whether
or not at any time on the ni-'ht of kmist l4- you were
down in the Italian area?
A N°, sir, I was not.
Q I want you also to tell the Court whether or not you at any tim
ever made the statem.ent tfe anyone that you ~ot the
first Italian that was hit.
A No, sir, never did.
Now, did you ~o throu'-ht- the show-up at Camp J?>rdan
shortly after Au'ust I^?
A Yes, sir, I did.
0. Do you know Ser-'eant Todde?
A Yes, sir.
Q You saw him in this room?
A Yes, sir.
Q Was he present down there at the first shovv-up?
A I am not positive, but I 6.^%'^ remember seein~
Were you identified by anyone down there?
A Yes, sir, that civilian ruy. I don't know his name. He
was in here the other day; he is the one pulled mo out of
the line.
Q He pulled you out of the line?
A Yes, sir, '
Q When was the first time you were identified by anyone to
your knowledge 2 _ ,
A The first time I was identified >y anyone to my knowledge
was the second time I was qu-jstioned down in Major Manchester s,
Major Manchester's office?
A Yes, sir.
Q Who identified you at that time.
A This same Italian identified me here.
Any othrr colored soldier in the room?
A I was the onliest one.
1^65
?
him at all.
Q you were the only one?
A Yes, sir.
Q Well, did that Sergeant Todde have occassion to see you anytime
ac'-ain at . a later date?
A Well, I have "been "before him three times since then. Excusd
me; other than the time I saw him here.
Q Did he identify you at any of those other times?
A No, sir.
Q Well, tell the Court whether or not on those other: show-ups
he was asked whether or not you were the man?
A He wasnfit asked exactly whether I was the man, "but the Lt. Colonel
Williams told all of them — ^he wasn't speakinc directly to
him, he told all of them — there were seven or einrht of us
in the room to-:Tether — and he told a'i^out twelve of them,
and he say, "if any'^ody you all see in that line you
think would he doin~ any harm w4s down there — you don't
have to know exactly — ^^:ut think would he doinc any harm,
he was there, pick him out." Well, I was there in the line.
This Ser-reant Todde, he was there too. They couldn't identify
me at all then. And the next time we h,ad the show-up Colonel
Williams had them up in the mess hall at the hack of the
stockade and had all of us to come hy and stop and let them
look us all over, turn around and back and he still couldn't
identify. So he never identified me anymore umtil he identi-
fied me here.
Q In Court?
A Yes, sir.
Defense: You may examine. Counsel.
CROSS-EXAI'IINATION
Questions by Trial Judire Advocate:
Q, This first time that you were pulled out of the show-up you
don't know whether yo-gt v;ere identified or not, do you?
A That civilian pulled me out. Of course I was watchin'^ for
anybody to see if anybody could identify me, i-ecause I
know I hadn't been dovra there and I didn't think yhat I would
be pulled out of the line. So I was lookin-*, v/atchinr^, to
seeirttbo would identify me. That civilian is the onliest
man say anything to me at all,
Q And you didn't hear the conversation that wen-^- on "^etween
the Italians and civilians that were saated there, did
you?
A The Italians?
Q Yes .
A I couldn't understood anything they said if I had heard them.
1I1.66
Q NO, you couldn't have. So you don't know whether one identi-
fied you or not?
A I don't think they lid. '
Q ii^ell, you just think but you don't know?
A I don't believe they did.
VTell, that is iust your -moss?
A That is my belief.
^at was it you said to Major Manchester when he told you that
you had besn identified by an Italian?
A I told him I had never been identified by one.
Q And you said you wished you had -one out an killed all of
them?
A After Majbr Manchester tried to make hin say that he saw me and
after he said he saw me down there, I told hin I r.i-ht
just as well have been donm there because I wouldn't have ■
anymore did to me than I was tettin™ up there.
Q And killed all of them; wasn't that what you said?
A I didn't say anything about killinr of them.
N°?
A No, sir. It wasn't in my statement that I would kill —
Q The fact remains that you were with several hundred colored
soldiers in this show-up and that you were pulled out of
that show-up?
A Yes, sir, I was pulled out.
Q, All ri~ht. Now, when you appeared there another time you said
some seven or ei*ht other ne'5;ro soldiers were present?
A There were seven or ei^ht of us. I disremember.
Q You don't know what instructions had been riven to the
identifyinn; witnesses at that time, do you?
A Instructions had been '■iven before v;e ^-rot there.
Q Yes; as to what they were to say in your presence?
A They Identified three boys there.
Q Yes.
A I don't know what they had told them ""^efore we -^ot there,
but they did identify three boys.
Q How well does Alvin Clarke know you?
A He knows me. Just know me by beinr in the company.
Q You don't think he would have any trouble identifying you,
do you?
A No, sir, I don't think he would.
Q HOW well does vriHio Ellis know you?
li+67
A Knows n3 just lik: Alvin Cliarks does. ]
■1
C) You don't .t hi fat h 3 Y;culd have any ttoou'cla idsntifyin- you? ^
A No, sir, I don't ~U3Ss lie. would. "^
Q How well does Ser-eant ^ resham know ^^ou?
A He knows me very Tjell.
Q He wouldn't h?.ve any trou'^le identLryint you? .. ■
A No, sir, I 'u^ss he wouldn't.
Q No\T, wh?.t time did you -;et to your barracks that ni-ht?
A ^ell, I don't know esaot, "but around 7:00; naybe a little
after 7:00, because it was ri'ht at 7:00 before I cai:ae off
a detail.
^ And what barracks did you sleep in?
A 719.
Upstairs or dov/nsta,irs? i
A Upstairs, I
n
0, All ri-^ht. At about what time did you "o to bed?
A Between c:30 and 9:00.
Q, Between Si30 and f;00? '!
A Y5S, sir.
P And did you fall asler.p pretty promptly?
A No, sir, I didn't "o ri"ht to sleep'. I laid there and ■]
talked a few nonents. |
P ifTio d4»d you talk with?
A I talked with J, D. Hortonj also John Terrell. 1
'i
q And about how Ion- did you talk with then?
A TTeii^ I couldn't ostinate on that.
n Fell, tnirty ninutes or an hour? j
A I wouldn't know, sir i
Q Fall, ten-fifteen minutes? 3
A I wouldn't kno\7. _ ■ 1
p Could it have been as Ion' as an hour'' \
A I wouldn't say.
Fell, could it h.-ve be^n as lon-^ as an hour? ^
A I wouldn't say because I don't knov; exactly how lon~ I j
talked. \
Well, v;as it a very short period of "^ime or was it a Ion-
period of tiae?
A I talked v/ith then a few ninutes i know.
P Just a few ainutes.
T
A I say I talked ^ith them a few minutes that I know.
A few minutes. That wouldn't have ^een as Ion- as an hour
A I don't know sir, exactly how Ion.':- it was. I didn't have no
watch.
And you are afraid to estimate, are you?
A Not afraid to estimate "rut ^-.efore I tell a lis I wouldn't testify
anythinr —
0, I am sure of +h?it, ^ut you certainly j.ro willin- to tell this
Court whether it could have he en as Ion-; as an hour or not,
aren't you?
A '"^ell, I would ":e afraid to say
You would ':e afraid to say?
A Yes, sir.
Q, ■'"'ell, you were questioned alDout it once hefore and you weren't
afraid to say.
A I never talked ahout how Ion- we talked.
Q I will ask you if you weren't questioned 'oy 'olonel -miiains
on the 30th of Septeml'-er 19^1-^^; weren't you?
A Yes, sir.
Q, Yes, ell ri-ht, And ^t that time didn't Colonel miians
ask you tnis question! "Previous to that time \irhat did you
do?" and didn't you answer; ""'ell, I .tot off detail loadinf^
stuf-i on a train and when I ~ot throU'Th I ate supr^er and
take a shower and pack my ■;:arr?.cks "ca- '-etween 2:20 and
9:0C, and went to -ed". That was your answer.
A Between what?
Between 8:20 and 9:00?
A I say a':ou+ 3:50 or 9:00 I went to hed.
Q. All ri.;:'ht, between 2:30 and 9:00 you went to hed. He asked
you +hat question ?.nd you -ave that answer.
A I did<
And he say about 9:00 and you say betwesn S:30 and 9fOO,
didn't you?
A I say between o:30 and StOO I went +0 bed
^ TB.it rill "is very oori-ect, isn't it?
A Yes, sir.
Q And then didn't he as^ you: "Didn't you "o to sleep?" and
didn't you answer: "not ritht off. I laid up and talked to
a fellow". Tha-^- is ri-'ht?
A Yes.
Q And he asked you, "i^ho was that? it didn't he?
Ii^69
A Yes, sir.
n And what did. you answer? 's*
A J, D. HortOn.
Q Then didn'+ he aek you: "Did you and J.D. Horton t^k a>.out
any particulat thin-?" He asked you that, didn't he?
A Yes, he did.
And ^7hat did you anavirer? . •,,
A I told him '.ve were talkin,-; about we wished we were at home,
and the way we fi-ured, -oin--; aw?.y from home, we didn't know
where we were T-oin" to.
^ And didn't he ask you: "You talked to J. D< Horton until you
went to sleep?" Di n't he ask you that?
A ves, sir.
And didn't you say: "'?.'e tnlked acout five-ten ninutes, and
I said I was 'oin-; to sleep iDecause we had a Ion- journey
and I dozed off to sleep'*?
A TT© ask-d ne that question and I told him J. n. Horton said ,
""Well, we ':etter -o to sleep; we -ot a Ion-; journey to take ,
and I said, "Sure we sure have, " and he s?id, "T'^ell, I am
-oin- to sleep," and I said, "i am too." That is the question
he asked He and that is v/hy I answered.
I want you to tell uie now, did you or did you not in answer
to his question, "You talked to j, D. Horton until you went to
sleep?" say and ans^ver, ""^e talked a'lout five- ten minutes, and
1 aaid I v/as groin? to sleep because we had a lono: journey
and I dozed off to sleep." Did you or not - iv© that answer?
A You have -ot it down there wron-^,
Q, Everythin-:; else I read to vou before, that was ri^^ht?
A Because that wasn't the Way, the convers^.tion. He asked me
how long did J. D. and I talk, and I told him I didn't exactly
Vnow how Ion-, T;e talked "'u-^ it wasn't vary lOn';-^ ''ecause
J. D. Horton took a turn ?-nd aaid, "I am roin- to sleep," and
he turned over. He said he was -■oin-'- +0 sleep, and I said,
"I am ^oin- to sleep too," and he turned over and so did I.
That is +he way that was.
All these other qut^etions and answers I read to you were correct?
A Yes, sir.
Q And we got down to this point about the fi^sre-ten minutes, and
that you say is incorrect?
A I didn't ■riv? him. rio definite answer on what tim.e, because I
didn't know how lone; w-j did talk.
All rip-ht. wov/, who d.i.d you tell +he Court a while a-o you
talked with that ni'hl-V
A That I talked -.vith? I told them I talked with J,D. Horton and
John Terrell. .
0, -tent ion any^'ody else?
A I didn't mention anyone alee.
You didn't say anytiiin- a"::out talkin- to John Terrell at the
tiae Colonel ^^illianis interviewed you?
A Tie didn't ask me who i talked to.
He asked you did you "o to sleep, and you answered , not riTht
off; I laid up and talked to a fellow.
A Yes, I did. • ; -
Q And then he asked you who was -hat, and you said J.D.Eorton.
A Yes, sir, that is corriott
Well, you didn't s:.y anythin": about Terrell?
A He didia't ask me about anyone else.
Now, you knew you talked to Terrell.
A He didn't akk ine who all I talked to. • ' '
(^ That is the reason you didn't tell him about Terrell?
A i^ell, if he had asked me did I talk to anyon= ?lse but J,D,
Horton I v/ould have told hin«
Q I see. All ri-ht. Now, you went to sleep then ri-~ht after
you talked to J, D, Horton?
A I don't know exactly h6w long I laid there awake, but I know
I didn't drop risht off to sleep the time I -^'Ot throu2;h
talkingj I know that, But I wasn't awake very Ion'?' Ism
quite sure.
0, A crap came roin?: on in the buildin~ at that time?
A No, sir, not at that time there was not. '
How lonjr a^o?
A I cbuldnH say.
Q You couldn't say?
A Because I went to sleep.
you don't know whether one w6nt on that nlrht 6t not?
A I don't.
^ I'Taen did you first wake up after you fell asleep af-^er talk-
ing; to Horton?
A First wake up? . ,
yes.
A i^aen the OD and the 1st Ser-:-.ant and another Lieutenant came
in the -larracks. They v;as running the men in the barracks,
and when they first— when I first virakened up , there thsy
were up there. I remember hearin" the OD not the OD,
another officer, I don'-^ know wha+- he was, but anyway he
told the boye, "You put these lights out and -o to bed
1^71
because you have a hard day 'before you tomorrow.
And you had been asleep all that time before +^hey came in?
A ves, sir, I h?.d.
0. And you hadn't heard anyone come runnmn-^ in the barracks 1
and saying, "Everybody out"? ^
A No, sir, i haven't heard anybody. '^
Didn*'t you hear anything like that?
A vo, sir, I didn'-^,
You are a very sound sleeper aren't you?
A Well, I don't know exactly how sound I sleep, but I didn't
hear anythinj, }
Q You didn't have any trouble sleepin- that ni-ht, did you? '^
A I don't ever have any trouble sleeping.
P You heard no noise of any kind in the barracks? I
A No, sir. I
Q NOW, you heard Alvin Clarke Testify that ybu said you were the 1
first man to 7et an Italian?
A Yes, sir, I heard him s.-.y that.
Q Of course that is untrue? t
A I didn't Sf.y it. i
■ ■ . : ■ \
Defense f I don't think that is the testimony in this
record.
Law Member: if^at ie +he question?
Trial Judj:e Advocate: As to whe+her Clarke didn'^ say he
heard him say he was the first soldier to -^et an Italian. I
very definitely have a record. If I am in error, I would like
to be corrected. ■ 1
Law Member: Clarke?
Trial ju(%e Advocate: Yes, sir.
Major Crocker: ue said he got the first It-.lian that was
hit.
A
Defense: j h ve it here as Ellis. !
Assistant Trial Jud^re Advocate: I have here Booker Townsell
Baid he ?ot the first Italian tha+ was hit.
President: Clarke was the one that testified tha"" he zot
the first ]ftalian that was hit.
1^72
Q, All rln:ht. vov. heard Clarke fs t-3stinony on that, didn't you ?
A Yes, sir,
You heard him say that you said you TOt the flrs-^
Italian that w-^s hit?
A ■ ■ ' ■-
Trial .judge Advoca+.e: I r.ay proceed?
Law Llecaber: I have no recollection oJ it; the other memTDsrs
have .
Q, You heard -'"hat didn't you?
A I heard hirr. say it.
Q vou say that is untrue?
A Sure.
Now, you heard ^"illie Ellis tentify that hs saw ^ou with
a club in your hand?
A YoD, sir I heard -^hat.
Q In the vicinity of the orderly room?
A Yes, I heard that*
And that is untrue?
A I was in ny har racks in "bed.
Q In bed?
A Yes, sir, ^ ■
Q. so it is untrue, of course?
A I was in ay barracks in bed* I don't see how he could have
saw r/ie +'''en»
Yoii heard Serjeant C-reshajn testify too, didn't you?
A yes, sir, I did,
TTiat did you hear hin testify?
A I don't know exacrtly what he said now.
P Well, he said he heari you make a statement, didn't he?
A ve sa^Jd somethin:: like ^hat.
Apout hit-*-in-: an Ita-lian soldier?
A Yes, I heard hi".,
Q And that is -lantrue too?
A Yes, sir, because I was in ir.y bsd.
And, of course, Sar: eant Todd-r's identification, this
Italian soldiers identi .'iostion, ia all wron^ too?
A That's ri-.ht.
He is just mistaken?
A Iff he said he saw me dtjwn there.
1173
iik.
Q, llell, that is what he saldi
A He ie just niBtaken, ";ecause I '.vasn't there.
0, Trial jud-e Advocate: That is all.
Defenfse: j have no further questions.
President: any questions "by members of theCourt? There
appear to '~6 none. The wi. + nads may ^e excu=ed.
There being no fv.A'^Vier qurBtions +he witness was excused
and resumen his seai- c.!^. 07ie o" +he accused.
President; The Co'irt vnli visit the Italian area at 6:30
this evening. jt will oonveuy here at 6:30 prior to -"oin- up
there, and af-^er viewin- +h6 ecene in the dc-.rk will return here
to complete the record. At that time the Law Member will ~ive
proper warnin.- to the memoerb of the Court. The Cour+. will
reoGBB now uatil 6;30,
The Court tlaereuvon reoe'Jsed at i^-:30 -D.m. , II December
194-i, and reconvaned at 6-.J,C pern., II December iSV-i- ..
President: :!;s the Prosecution rer.dy +0 proceed?
Trial Judze Advocate: ^'eady, sir.
President: Is the defense r=ady to proceed?
Defense; ves, t^ir^.
President: The Court will come to order.
A roll C3.ll of th; acc-2sed was then conducted b^'- the
Assistant Trial Jud^e A-dvocate.
Trial Judge Advocate: Let the record show each of the
accused is present, that all members 0: -^he Court are present,
as well as the personnel represent im the accused and the
prosecution.
The rft-Dorter was also present.
President: The L^^vr 'lember will instruct the members of the
Court.
Law Member: i^'e are ^oin- to visit toni-ht th- area a;enerally
sho-im on the Prosecu-tion Ex.hibit 2, which will include what ^as
be=n described as the Italian area, the a.rea. .>f the meaa hall,
700, and barracks 719, ^^e miy also ^o o---r ;„.i'J. see c^ome of the
barracks which have appears- a In the -^es-vivxi:-^' as oocupied by
the 651st.
As I have pr.-\'^"(i(jt3uLy s'r-.ted before oui r.+her two inspections
there will be no further questions asked or an&7/erod . nor will any
comment be made while -^his inspectio-:: is in prosresD,
14-7^
It Id not to "be preeame:- that the lighting conditions tonight
— I am not talking about artificial lighting now
the climatic conditions raayhe a little'^diffirent toni-ilit than
they were on "f^he ni~ht of August l^-^ "but that will he'+aken
into consideration by the members of the Court.
After we have completed this inspection we \vill rsturn to
this room and a review of the inepsction will be star+ed for the
record.
Trial Jud^3 Advocate: "lay I make one au^'irstion, if it
please the l^w "lenibv^r. I think that the same thing should be
preeijimed as to the artificial lio-hting. I am sure each member
of the Court will fit that into the testimony as he recalls it,
because we can - ive no assurance the artificial lighting, condi-
tions will be the same tonight as they have been before.
T,aw H.ember: All of that will have to be taken into
consideration by the members of the Court because I believe
it to be physical impossibility to get a ni-ht witb -^he
conditions all exactly +he yame as ■'•■hey ••'.ere on the night in
question^ and due consideration and allo?/ances will be made
for all of that.
Defense: ell, I +hink, if the ^'ourt please, however,
as far as the artificial lirhting is conce ned there are^s certain
factors in ■'-he ■^^estimony in the record that -are undisputed as
to what they are, 3Jid I -^hink— -
Law ilember: ^ell. that is 'do. but ther= is evidence in
the record some of the windows were croken out and we are not
going to break out any windows toni'rht.
Defense} I understand that, but I meant the Other barracks.
The testimony was they were all dark with the exception of
lishts on the end^
Trial Judge Advocate: Even to the li^'hte on the barracks,
I don(t know, and i am sure you don't, that they are lih-^ed up
■^onight — I mean the end ligh-^s, the outside lights — as thsy
were on that night.
Defense: I don't know.
Trial Judg-e Advocate: ^"e just don't know, but I think it
is perfectly proper to vi^it and let the members of the Court
take that into account.
Law liember: That will have to be considered in connection
with the evidedce in +he record with reference -^h the ligh-'-p^
As I understand, it was distinctly stated ■*;hc- li-^hte were on im
700 on the rear end.
Defense: -r had particular reference to 70^, 709,and 71O,
I believe it -vYas.
1^75
Law I/Ienrer: I think we all ap;reed -^he li=chts on 715 were
on J is tha,t not so?
Defense: No, it is not so. The +estiffiony is iindisputed
no lights were oh in room Y, ^jid had been turned off in room Z.
Trial judte Advocate: ^o, I beg your pardon. The testi-
mony is no+- they r/ere turned off in room X. There is tes+imony
one was turned off, bu- there were two li "its in room Z.
^resident: i think ":e tes+imony is at varience. I
c^n't reconcile it any other way.
De-ense: At some st^.-'ie of the proceedin-r they were all
probably on.
President: As I recollect, that +-here was considerable exanin-
ion as to whether they were bdjth on.
Defense: Serjeant Todde testified +hat he saw — no,
sergeant Todde testified he turnd the li-ht out and Corporal
Haskell testified he saw Ser e?.nt Todde turn the overhead li-^ht
off.
Law Member: vrell, all testimony pertainin- to the li-rhts —
I am talkin- no-.7 of artificial lights 1 a&i sure appears
in the notes that have been taken be th^ various r.embers of the
Court, and the Inspection of the pre;:is:s will be made -^onis^ht
and when the time co es to deliberate the memory of our inspection
toni'iht -rill be com^le-^ed with what our notes show as to the
artificial lights.
Defense: Well, with the testimony in dispute I think the
Court when down there should see i+ with the lights on and with
the lights off.
iaw ^T ember: You want us to do that in room what?
Defense t That is room Z.
Trial jud^e Advocate: That is "by door E there*
President: i believe the testimony was clear as to +he
li-^-htB over the latrine. The liorht over the latrine was burnlns;
and there were li-^hts in the latrine.
Defense: j don't think there is any dispute in the testi-
mony about the li ht over the latrine.
Trial judge Advosats: The same with the lirht over door A-
D^^fense: l think that's ri'-ht. No dispute about that.
President: But the light over 708 was testified as having
been knocks d out.
Defense: jiiat's riTht.
Trial Judje Advocate: That's rl-ht.
President: .\nd the li^iits in the barracks 7lO and 709 were
definitely +urned outt
Trial judge Advocate: At some tine?
President: At some time.
Defense: ^t 11:00 they were out* i would lay this for the
Court. I think it is a little too early 'o -r.o down there.
President: I think you will find it as dirk as it is
goin< to Tet.
Defense: As vie came in, I drove 6ver th west road
and it was not dark yet.
President: If it isn't, we will stay there, un+il you are
satisfied.
The members of the Court, the personnel of the defense
and the prosecution , and all of the accused , left the Court room
at 6:^5 p. m.» II December I9^^j and returned at 7*30 p*ra. , IT
DecemltTer 19^4.
President* is the p3:6secution ready to proceed?
Trial judge Advocate: Yes, sir*
president: Is the defense ready?
Defense: Yes, rir.
President: 'fb.e Court will come to order.
A roll call of the accused was then conducted by the
Assistant Trial jud-;e Advocate.
Trial Judge Advocate: ^.et the record show all of the
accused are present, and all 'the members of the Court, the personnel
representing the acciiSQd and the personnel representing^ the
prosecution are present.
The reporte-;? was also present.
President: The Law Member will state for the record the
action the Court took in visiting the scene of the ar=a known ..■-..:.• ■* .:■':>
as the Italian area.
1^77
Trial jud-i.e Advocate: That's rirrht.
President: The Coiirt -©ill recess until 5:00 tomorrow morn-
ing. That is all.
to re
The Court thereupon rrcessed v.at-il7:"55 p.m., II December 10-^1
convene at 5:00 a.ni. , 12 Dsceri'':er I5M-J-.
Lt, Colonel, J « A^ '"# D/
Trial Jud?6 Adv6cate
.4 i
Law "lemher; For the purpose of the record, all the "lemhers
of the Court, the Trial Jud-;e Advocate, tbe defense counsel and
all of the accused vivited ■generally the area ap;-earin"- on
Prosecution ExhToit no, 2, which has oe-n referred to through-
out the rjcord as +-he Italian area. The accused remained in
their trucks alon:: Lawton Road in the neighborhood of building
713, the orderly/ roor.:. The nem'rers of the Cour-^, accompanied" ^
by the Trial Jud^e Advocate and +he defense counsel, went I
through the orderly roorj, "lakin" observatios as to viability '«
throu.jh'. rooa D tov;ard door A, through door A out to +-he outer J
side, throu'h door D to the ou-^side, :?.nd throu.Th the window of |
room Y. The zsn.ers of the Court, with the Trial Jud:-e Advocate J
the de Tense counsel aIso visited the neighborhood o-' +-he two ten+s,
tsnt I and tent 2, i^uildin- JOS, 705, 710 and 712. ^'e then I
proceeded to the intersection of Fyoninc: Avenue and La^rbon Foad, '
observing lighting: coditions to the southwest alone Lawton Road \
and sl^ in +he directicn of the '-arracks 66£ and 572. In 1
returning, we proceeded notth alon;;^ Lawton Road and +-hen south I
on Vir'5-inia Avenue, observinq- the liTh + inj condi+.ions in +he I
im--ediate neighborhood of 715. There were no qusstions asked \
within +.he hearin- of the Court, no ansivers made, nor were there l
any com^:3snts. As far as practical the Court and the counsel i
wer^ in the reneral si-ht of the accused, who were ksp-t- in +he \
tracks alonr. lawton =Road as I have stated before. Are there i
any su'-.rsstions by ei-^h.er the Trial jud-re Advocate or +he
defense counsel to add to the statement "which has jus+ been
made for "^he record? ■
Trial Jud:^e Advocate* -jt is qui+e satisfactory as stated, |
I m.i>5:ht make_ one sua -est ion 4 Your referenees to door A ?Jid
door E and the various rooms were taken from Prosecution Exhibit
IBM M6m"-.er: That's ri h"-* *
President: The defense have any^hina?
r.efense: "ao, I have no am.endvnents to -^he statemen-*-' of the
Court.
Law Member: I mi:ht add there, were no outside lirhts with \
the exception of the li-ht over door A, as shorrn on "Prosecution i
Exhibit 3, and the liht over the latrine.
1^7
/T
Ft. Lav/ton Stat_;;in5 Ai^ea
Ft. Lawton, V\fashington
December 12, 19'.: 4
The Court met, pursuant to adjourniiient, at 9:00 a.m.,
all of tiie personnel of the Court, Prosecution, and Defense,
who were present at the close of the previous session in this
case, being present.
The accused and reporter were also present.
President: Is the Prosecution ready to proceed?
Trial Judge Advocates Prosecution is ready, sir.
President: Defense ready to proceed?
Defense: Defense is ready, sir.
President: Court will come to order.
The roll was then called by the Assistant Trial Judge Ad-
vocate, and all of the accused were present.
Trial Judge Advocate: Let the record show that each of
the accused are present, that all members of the Court are pres-
ent, as well as the personnel representing the accused and the
personnel of the Prosecution.
Defense: I will call I'r. Freeman. Will you go and
get him?
(Mr, Forrest J. Freeman was recalled by the Defense, and
having p^^eviously been sworn, testified as follows:)
DIRECT EXAMINATION
Trial Judge Advocate: Mr. Freeman, you are reminded that
you are still under oath?
Mr. Freeman: Yes, sir. .-
Questions by Defense:
Q, What is your first name?
A Forrest J.
Q, Mr. Freeman, will you tell the Court whether or not you
were present at Camp Jordan during the first show-up
they had of colored soldiers down there, for the purpose
of identification?
A I was present, yes, sir.
Q Now, was any type of list kept of the individuals who
were identified and the persons nam_ing the identifications?
A Yes, sir, there was.
Q, Who kept that listing?
A I did.
1 4.79
Q, Will you tell the Court just briefly the manner in which
you kept that list?
A It was on this regular tablet form of paper, the white
tablet, and it was in Indelible pencil. The man's name
that made the Identification was put do^OTi first and
who he identified right alongside of it. Or, it could
be vice versa.
Q Yes, I understand that. Now, were any subsequent, —
strike that. Were you present, Mr. Freeman, during any
subsequent show-ups, or identifications, that were made?
A Nothing, excepting when statements v-;ere taken.
Q Vifell, that was down at the Goodrich Building at the Port
of Embarkation?
A That's right.
Q, Now, was any type of a list kept of the identifications
that were made at that time?
A As I remember there were notations made on that original
list.
Q On the original list?
A Yes. '
Q, Now, about subsequent show-ups, Mr. Freeman, there has
been some testimony there were subsequent show-ups out
here at Ft. Lawton.
A I wns not present at those show-ups.
Q, Do you know whether or not those took place after your
office had been relieved and the Investigation turned
over to the Inspector General, of Washington?
A I am not positive. I was taken sick on the 14th of
September.
Q What did you do with the list that you had, Mr. Freeman?
A I turned it over to Mai. Manchester.
Defense. You may examine.
CROSS "SXAMINATION
Questions by Trial Judge Advocate:
Q Mr. Freeman, you testified about one show-up and then
the second time when counsel asked you, you said you
were present when some statements were taken?
A Yes, sir.
Q V/as that second occasion a show-up, or just an interview
of some vjitnesses?
A Just an interview of some witnesses.
Q In connection v/ith those interviews, would men be
called in for identification at times?
A They were kept in a room of glass windows around this
1480
room and the witnesses were asked to pj.ck out the ones
that they could identify and then they were brought in.
Q, All right. Mov;, how was the first show-up held? Just
explain to the Court where it was held and about how
many Negro soldiers were present, and what system was
pursued in having identifications made, v;ill you please
explain that in detail?
A It was made in the meas hall, at Camp Jordon. I think
they call it Camp No. 2, now. And the Fegroes, there
v;as about 400 or 450 of them, would march through the
mess hall uns at a time and on the Fegro's left as they
came in -y/ere tna Italians, and the American soldiers
that ?/ere m this riot, and on the right was St. Farr,
sitting on a cot, and I was sitting just ahead of Sgt.
Parr, at the end of a mess table. And they came down
right between us. Like this was where the Italians
were and I was sitting here, they would come down right
between and as they were identified, v/hoever identified
them would hold up his hand and either myself or one
of the men would get their names and then the man who
pulled the man out of the line would get the names of
men who 'Neve identified.
Q, Whenever the hand v»rould be raised, that was an indica-
tio-'i that he was identifying someone?
A Yes.
Q And as he got to the end of the line, what happened?
A The man would be held there until he got his name and
then the m.an would bring it over to me and I v;ould put
down the man that did identify him and the man he iden-
tified*
CJ, Vi/ere you present in any subsequent show-ups?
A No, sir.
Q Now, at this show-up that you have told the Court about,
did St. Parr identify any Negro soldiers as having seen
them on the night of the incident?
A He identified a few positively and some were tentatively
identified.
Q A few were identified tenatively aiid some positively?
A Yes, sir.
Q Now, state whether or not the men wore asked at that time
Defense- (interposing) I don't think this is proper
cross examination, if the Court please.
Law Member: Objection overruled.
Defense: If he wants to make him his own witness, --
Law Member (interposing) Well, I think he might, but
the Court is insterested in this also, whatever identifi-
1481
cations were made, how they were made, etCt
Defense- Well the Defense is too, and that is the rea-
son we are calling for these lists.
Trial Judge Advocate.' I am now speaking of the identifi-
cations that they were making of some of them.
Q, (continuing) Were thoy or not told at that time that
you were there for the purpose of making an identification,
to make only positive identifications, or were they told
to make positive and also tentative identifications if
they could do so| just what instructions v/ere given?
A The only instructions I heard were, they were told to
identify the members as they came in and I v/ent down to
the table there to take care of the Identifications as
they came in and what else was said, I don't Icnow.
Q, State whether or not any of them made identifications
that were tentative and some made Identifications that
vifere positive?
A Yes, sir.
Q And do you remember as to whom it was that made identifi-
cation of witnesses, the names of those who identified
witnesses and made both positive and tentative identifi-
cations?
A Sgt. Farr, and I believe there was one Italian.
Q Do you remember his name?
A I know it, but I can't pronounce it.
Q, Would you object if I were to call, — '
A (interposing) Pisclatano.
Q And did he make positive identification or were some of
them tentative?
Defense J I don't thlnl: you should lead him like that.
Q V/ell, were they positive or tentative identifications?
There certainly cannot be anything leading about that.
A Both.
Q, Well, do you remember v\rhether Sgt. Toddo made any iden-
tifications?
A Yes, sir, he did.
Q Do you remember about how many identifications he made
at that first show-up?
A twelve or fourteen, I don't remember just which it was.
Q Are you positive that there were as many as twelve?
A Yes, I would say there was at least as many as tv/elve.
Trial Judge Advocate ■ I believe that is all.
1482
Defense c I have no farther questions.
EXAMINATION BY THE COURT
Questions by Law Member-
Q, These men that were identified were not then actually
picked out of a crowd, but as they walked across the
room alone, is that right?
A Would you stato that question again?
Q, I say these men that were Identified, Mr. Freeman, were
not picked out of a crowd by the identifying man, but
walked across the floor alone?
A Yes, sir. Well, I say "alone", there were probably
three or four foot apart as they come through.
Q, Vifell, did they just v;alk by or did they stop?
A They walked up to Sgt. Farr first and faced him, and
then they walked in front of the A:niericans and faced
them, and then on dovm farther and faced the Italians.
Q, Were there any names appearing on the Negro boys?
A Not that I saw.
Q, They did not have their names on their backs, or any-
thing?
A No, sir.
President Is that all?
Law Member : Yes.
QUESTIONS BY THE PRESIDENT
Q, How did they pick the people out that walked through
the shov/-up? - .
A How did they pick them out?
Q Yes, how would they determine who would walk through
the lines?
A It was the two Port Companies, the 650th and 651st. They
walked through the lines.
Q, Were any identifications made which were later proven
to be impossible because of the fact the men, -- no, I
cannot ask that. The question is withdrawn. Were all
of Todde ' s identifications positive?
A I cannot say that all of them were but It seems like
they were. I don't remember of him missing on a man.
Q, Do you know of your own knowledge whether any positive
identifications wove made which were later withdrawn?
A You mean at the first show-up?
Q Yes.
A I couldn't say.
1483
REDIRECT EXAMINATION
Questions by Defense:
Q Well, let me ask you this, Mr. Freeman. Wasn't there
considerable discrepancy in the, -- with respect to what
the identifying witness said the men were doing and where
he saw them?
A IJoj I wouldn't say there was.
Q There wasn't in that respect.
A If I get your question right, I am not positive that I
have your question right.
Q, Well, after a witness had identified a Negro soldier as
being present, he Y/as also asked, maybe not then, but
at some later time, at what point he saw that soldier
and what that soldier vras doing ^
Well, if I remember rightly, there was no questioning
of the man in regards bo where he saw him until we had
the interviews later up in the office.
A
Q But wasn't there some subsequent discrepancies that later
developed as to vi/hat that v;itness said v/ith respect to
where he saw the man and v/hat he was doing?
Trial Judge Advocate" Well, I don't understand that
question. You have got to tell the two times in which there
was a discrepancy.
Q, All right. At a later time, v/hen you v/ere taking state-
ments of the man, or having an interviev; with the man,
as to identification of this man, there was later ques-
tioning with respect to where the man was and what he was
doing?
A Yes. -' ■ ■
*
Q ^^^'t it true that subsequently at a time thereafter they
did not give the same answers v/hen they vjore questioned
as to their identifications of some of these men?
A Well, I couldn't say, I was not at further questioning.
R2CR0SS EXAMINATION
Questions by Trial Judge Advocate:
Q Were any men identified by the Americans and the Italians
at the first show-up and afterward it developed that the
man could not have been there?
A I don't know of a case.
Q Who could not have been at the scene of the riot?
A I don't know.
1484
REDIRECT EXAMINATION
Questions by Defense-
Q How about Sgt. Veeder, wasn't he Identified first?
A I couldn't remember the details of that. We had fifty
or more up there.
Q Hov; about John R. Brovm, one of the originally accused
in this case. V\fasn't he identified as being there and
you later developed through investigation he v;as not
there?
A I don't remember the case.
Trial Judge Advocate- It might have been John S. Brovm,
but not John R.
Defense: I don't know whether he was identified, but I
knov; he was charged earlier In the case and dismissed as not
having been there.
Trial Judge Advocate «° Well, there were more things to
consider there?
Defense: All right. ^
Witness^ I could not say as to that particular subject.
President: What did you say you did with the list; you
gave it to Ivlaj. Manchester?
Vifitness: Yes, I gave it to Maj. Manchester.
President: Any further questions? That is all.
(There being no further questions, the witness was excused
and withdrew. )
Defense: Will you ask J'aJ. Manchester if he v/ill come
in?
(Major. Robert H. Manchester, a witness for the Defense,
was recalled, and having previously been sworn, testified as
follows : )
DIRECT EXAMINATION
Trial Judge Advocate: You are reminded you are still
under oath. Major.
Vi^itness: Y'es, sir.
Questions by Defense:
Q Maj. Manchester, did you receive a list from Mr. Proeman
of the colored soldiers who were identified at the show-
up at Camp Jordon, and also the persons making the Iden-
1485
tifications?
A I received such a list, yes, sir. It was given to me at
my request. I don't know whether it v/as the list that
was made at Camp Jordon or not # However, I asked for
such a list and such a list was given to me.
Q That list was given to you"?
A Yes. It carried the names of the colored soldiers and
Italians, and American soldiers identifying them.
Q, What did you do with it?
A I gave the list to Capt. Tyson, for Colonel Williams,
or bo Col. Williams directly, I forget noY/.
Defense = That is all.
Trial Judge Advocate ^ No further questions by the Prose-
cut i on .
EXAMINATION BY THE COURT
Questions by the President;
Q Vlfore you present at the identifications at Camp Jordon?
A Yes, sir, I was.
Questions by Lav/ Member;
Q Were these colored soldiers, after the shoY/-up, told at
the time they had been identified. Major?
A They were not told, no, sir. I may explain that proce-
dure, sir.
Q Well, it was explained by Mr. Freeman.
President: I believe that is all. Any further questions?
REDIRECT EXAMINATION
Questions by Defense;
Q I have another question or two. Let me ask you this.
Major. Would a colored boy, going through the line, be
able to tell when he had been identified through the
procedure that was followed?
A I should say yes, sir, because he was immediately segre-
gated.
Trial Judge Advocate: And by "segregated" do you moan he
was taken from the lino?
Witness; Yes, sir. And placed in the back room or
kitchen of the mess hall where the shov/-up Y/as being con-
ducted.
Defense; That is all.
1486
Prosident: Is that all?
Trial Judge Advocate: That is all.
President •' You are excused.
There being no further questions, the witness v;as excused
and withdrew.
Defense" Will you ask Col. Williams to come in?
(Lt- Colonel Curtis Williams v\/as recalled by the Defense,
and having been sworn, testified as follows:)
DIRECT EXAMHIATIOW
Trial Judge Advocate: You are reminded, Colonel, you are
still under oath?
V\/itness: Yes, sir.
Questions by Defense-
Q, Colonel, did you receive from Maj. Manchester a list of
those colored soldiers who were identified at the show-
up at Camp George Jordan, together with the names of the
persons v/ho made the identifications?
A I either received it from Maj. Manchester or from Capt.
Tyson, I am not sure who it was.
Q You received into your possession such a list?
A Yes, sir.
Q Where is that list at the present time?
A I don't laiow.
Q Well, what did you do with it after you received it?
A I received it and used it one time to look through it
and to see the persons who v;ere identified and to use •
it subsequently in a further confirmation of identifica-
tion, which I held of my ov/n accord in the mess hall of
the stockade.
Q, Yes. vVell, now did you subsequently destroy that list,
or did you take it v/ith you when you returned to Wash-
ington?
A I can't state, definitely, what I did, whether I de-
stroyed it or took it with me, I don't knov;.
Q, You may have it in your possession?
A Yes, sir.
Q, Would you call Washington to determine that?
A Yes.
Q You conducted of your own accord several subsequent show-
up s ?
1487
A No, not several.
Q, How many?
A One, that is all,
Q Did you keep at that time a record of the persons that
••ore identified and also the persons making the identifi-
cations?
A No, sir, I didn't keep such a list. You si^o, I had this
particular list you are talking of nov/ given to me by
Maj. Manchester and at the time, the people that passed
by in the mess hall, my stenographer v/ould check the
names of the persons who were identified to confirm them
again.
Q By making a red check on the list?
A Yes, sir.
Defense: That is all the questions I have,
CROSS EXAMINATION
Questions by Trial Judge Advocate:
Q V/hat v/.-is the r-'ason of your having any further identi-
fication after you took over the investigations, or
rather after you conducted your investigation?
A For a confirmation, for my own records, of the persons
who had identified the witnesses I had questioned,
Q Was your investigation to be independent, an
independent one completely from any previous investiga-
tions that had been made? -
A Yes, sir, that is true.
Trial Judge Advocate: That is all.
SD^AMINriTION BY TLS COURT ...
Questions by Major Croolcoj.^:
Q Was there just on^ show-up of the entire tv/o companies
or v/as there more than ono?
A No, all the men who v/orc then hold present in the stock-
ade were in the mess hall at the tim^. I was there,
Q Thoy had already been identified p.wiously?
A They had gone through a show-up. I can't say definitely
but a list of the men were given to me,
REDIRECT S/vAMINATION
Questions by Defense:
Q V/cron't the men who had not been identified originally allowed
to go overseas?
A Yc3, those men v;cro not present.-
1488
Q Some of them at least. Those men were not present at
your show-up?
A That is right.
Law Member: Is it fair to determine from that they had
not been identified at the first shov;-up?
Witness: I don't know, I v/as not present.
Trial Judge Advocate: Does or not your investigation
disclose they left either two or three days after the show -up
or does or not your investigation disclose that?
Witness: Yes, ray investigation shows they left here on
the 22nd or 23rd, if I understood it correctly. They had to
be in San Francisco on the 2 4th of August.
Q, How many men did you investigate in the stockade here
at Pt. Law ton?
A I don't know. My report would shovi/,
Q Approximately a hundred? . '
A I don' t know,
Q ?/ould you say as many as seventy-five?
A As best I recall, it seems to me like it v/as something
like sixty-six men, I recall, that were being held in the
guard house.
Law Member: And had all of these sixty-six men gone
through the original show-up?
Witness: That one held by Maj. Manchester? I don't
know , s ir ,
Lav/ Member: Y/ere all sixty-six names on the list that
your stenographer v/as checking off?
V\fitness: No, all si^.ty-six were not on the list that v/e
had. The roll that v;as called was of the whole si:vty-six but
those who had been identified, was a separate list, v/hich was
given to me and of which I checked off at the time.
Law Member: Had you been given to understand at the
time of your show-up. Colonel, that all of the men in your
show-up had boon identified In Maj. Manchester's show-up?
Witness: No, I had not been told that, no, sir,
Q Wh.y wore the sixty-six men being held in the stockade.
Colonel?
A I don't know that, I don't think there was any conversa-
tion as to v/hy they were,
REGROSS EXAMINATION
Questions by Trial Judge Advocate: , , ■,
1489
Q Just a question or Uic , Colonol. No charges had been
filed at that time, had they, there?
A No, no.
Q, Was or not the investigation fully in progress at
that tine?
A It was.
Q Was or not some of those men held in the stockade be-
cause they had material, or it was considered they had
material information about the case?
A Yes, I think that is true.
Q Did the holding of those men in the stockade, the 5G
or whatever it was, have any direct connection with
any previous identifications that might have been
made as to all men, as to all 66.
A • I don't understand your question,
Q, Well, let me rephrase that, that is a little involved.
What I am trying to get at is this. The fact that
these men were held in the stockade, did that necessa-
rily mean that they had been previously identified by
anyone ?
A Hot all of them, no.
Trial Judge Advocate: I believe that is all.
rofenso: IIo further questions.
President: Any further questions by the Court?
Defense; : I understand you will call Washington and
let mo know?
Witness: I sliall, yes, sir.
Defense: Thank you.
There being no fi,irtli3r quest ionn, the witness v/as excused
and withdrew.
Trial Judge Advocate: Nov/, you asked for another wit-
ness or two, I believe, but Capt. Tyson has been sent for by
the General a few days ago. He will bi back in a day or
two. . ,
Defense* Well, I v/on't need him, or Sgt. Young. I
didn't know who I would need, but in vi3w of the testimony,
I won't need him.
Trial Judge Advocate: All right.
(Captain Francis W. Declcman, a witness for the defense,
was sworn and testified as follows:)
Trial Judge Advocate: State your name?
1490
Witness: Francis W. Beckman.
Trial Judge Advocate. • And your grade and rank?
Witness : Captain in the Infantry.
■ Trial Judge Advocate: Your station?
Witness: Ft. Lawton, V/ashington.
DIRECT EXAMINATIOII
Questions by Defense}
Q Capt. Bookman, in v/hat capacity v/ere you serving on
August 14th of this year?
A Company Commander of the 28th Italian Quartermasters
Service Company.
Q And hov/ long had you served in that battalion?
A Approximately throe months,
Q So, on July 17, 1944 you were the Commanding Officer
of the 28th?
A Yes, sir.
Law Member: July 17th?
Witness: Yes, sir.
Defense; Yes.
Q Handing you an instrument which I will have marked as
Exhibit L f or identification, I will ask you if that
is your signature?
A Yes, sir.
Q, I v/ish you would tell the Court the circumstances under
which you signed Defense Exhibit L for identification?
A At the time these two men wore requested by the Italian
Captain Cellentani to bo sent up to the psychopathic
ward, -- . ,
Trial Judge Advocate: (interposing) Just a minute, now.
Any conversation with any other part is hearsay. This wit-
ness can testify to anything he did and if it v/ore something
done at somebody else's request, he can testify to that, but
as to any conversation beyond that, I object to it as hearsay,
and I ask whatever ansv/er is given to that question be
stricken.
Law Member: The objection is sustained and the motion
will be granted,
Q (continuing) You said two men, what men do you refer to?
A Private Fadini and Private Guglielmo Olivotto.
1491
Q And at whose request was it that you signed this letter,
which is Defense Exhibit L for identification?
A The Italian Captain j Capt. Ccllontanl.
Defense: I am offering this evidence, if the Court
please.
Trial Judge Advocate: I have no objections.
Law Member: Defense Exhibit L for identification is re-
ceived in evidence as Defense Exhibit L.
(The letter marked for identification Defense Exhibit L
was then received in evidence.)
Defense: I shall read this to the Court, now.
Whereupon, Defense Elxhibit L was road to the Court by
Defense Counsel,
Defense: I have no further questions,
GROSS EXAMINATION .
Questions by Trial Judge Advocate:
Q Captain, was Pvt. Gugliolmo Olivotto sent to the hospital?
A Yes, sir.
Q How soon after he was sent to the hospital did he return?
A Approximately three days,
Q Well, are you sure of that or did he come back the same
A ^Sliove he was, — I wouldn't say as to that because I
don't have any access to the records at the present, but
I believe, —
Q (interposing) But v;ho, —
Defense: (interposin.-) Let him finish his' answer, _Ho
started to say something. He said, "I believe", and you m-
terrupted him,
Q Had you finished your answer?
A Yes.
Q All right. Do you know what particular doctor over at
the hospital saw Pvt, Gugliolmo Olivotto?
Defense: Are you asking him of his own knowledge, now?
Trial Judge Advocate: Yes,
Defense: All right.
A I believe it was Capt. Sturdevant,
1492
Q All right. Did you at any time receive any report' from
the hospital, or from anyone there at the hospital,
after that examination^ that there was anything the nat-
ter with Pvt, Guglielmo Olivotto?
A I received the report only through Pvt, DeJiacomo.
Q You did not receive it direct?
A No, sir,
Q All' right. After Pvt, Olivotto returned from the hospi-
tal', he went immediately "back to work?
A Yes, sir,
Q Was he or not a very good worker?
A Very good,
Q Was he or not well disciplined?
A I believe he was from all the experiences I had v^^ith him,
Q You' saw him quite some little bit, didn't you?
A Yes, sir,
Q Did you ever notice anything about Olivotto that v/as in
any way abnormal?
A The only thing I noticed was that once in a while he be-
came melancholy,
Q Did he or not indicate, at any time, anything abnormal in
his statements or conduct, or actions, or was he going
■ about his work the best he could?
A To the best of my observation and experience, he was
normal,
Q Do you mean when you say "melancholy", do you mean by
that he had a tendency to bo by himself?
A He had a tendency to be by himself and v/ouldn't talk to
the other members of the company,
Q He- was not a free mixer, was he?
A No, sir,
Q The date of this was soaowhore around July 17th, How,
Olivotto worked every day after that time until his
death, didn't he?
A I believe he did, sir,
Q When was the last time that you saw Olivotto?
A That I couldn't say, sir. That is alive.
Q You- saw him when ho v/as dead, didn't you?
A Yes, sir,
Q, When did you sec him when he was dead?
A I made an identification of the body at the Blcitz Funer-
al Hone in Seattle, on the 15th.
1493
Q That was when Capti V/alker was there making his au-
topsy?
A No, sir. He had already made his autopsy and I went
over there with Prlnzi,
Q He is the Italian Warrant Officer?
A Yes, sir, the Italian Vif arrant Officer,
Q About how old a man v/as Olivotto?
A I don't know, sir.
Q Do you remember what his rank was in the Italian Army?
A I believe it was a private,
Q And you had known him from what time?
A I took over that company at Florence, Arizona, on the
9th day of May, 1944, I believe he was assigned on the
7th,
Q Throughout that period of time, was he in the hospi-
tal at any time other than the one examination that was
made?
A He might have been in the hospital for some cold or
something of that nature, I haven't kept track of that,
but not for any length of time,
Q Not for any length of time?
A No, sir,
Q, As far as you knew, he was in good health?
A Yes, sir,
Q Captain, in order that there be no question about your
phase or your testimony. yoU are not certain as to how
lohg he was in the hospital, are you?
A No, sir,
Q Did you base your statement that you believed it might
have been a matter of three days on the fact that you
did not sec him for a couple of days, or so, after he
went' to the hospital?
Well, I based that on the fact that I sent this inter-
preter down to pick hln up at the hospital and I believe
it was two or three days afterwards, I wouldn't say.
A
Q Do you know the exact day that he went there?
A It was on the same day that the letter was written, sir,
Q It is possible that he might have been there only a
very short period of time?
A Yes, sir,
Q And it is possible that he might not have been kept over-
night?
A That is possible, but, — it is possible by being sefit
in the morning, ho might have been back the same day,
1494
for all I romember , I don't know.
Trial Judge Advocate: That Is all,
REDIRECT EXAMINATIOH •
Questions by Defense:
Q Captain, hadn't Olivotto been sent to the hospital on
one previous occasion in connection with his tonsils?
Trial Judge Advocate: Now, just a miniite, I believe
this is your witness,
Q Well, state whether or not, then, Olivotto had been sent
to the hospital on one previous occasion in connection
with his tonsils? ■
A He might have been, sir, I don't know. Not having ac-
cess to the sick book, I don't know,
Q You don't recall that?
A I don't recall that, no,
Q Well, state whether or not, Captain, you recall that a
tonsilectony v/as recom^iended and that Olivotto refused
to submit to it? •
A V/ell, I v/ouldn't say, —
Trial Judge Advocate: (interposing) V/ell, I don't know,
now. In the first place, that question is highly leading, I
don't knov/ v;hat it has to do with the examination of this
witness and the issues of this case, I object on the grounds
it is leading and suggestive,
# -
Law Member: V\[ill you reframe your question, if it is
material. Major?
Defense: Well, I think he answered that he didn't knovi,
Q, Captain, v/ill you tell the Court whether or' not you
thought on July 17th, from what you learned, there was
or Y/as not justification for sending Olivotto for an
examination by a psychiatrist?
Trial Judge Advocate: No?/, I think that is a conclusion
on his part, and there is absolutely no shov;ing yet that
there was an examination by a psychiatrist.
Defense: Counsel v/ent into his condition.
Law liembcr: I believe it calls for a conclusion by the
witness, who is not competent to answer that question.
Defense: All right, that is all.
Trial Judge Advocate: Wo have no further questions.
President: Any further questions? That will be all,
1495
There being no further questions, the witness was excused
and withdrew.
Defense: I think as far as I am concerned, he may be
excused.
Trial Judge Advocate: He may be excused and if he is
needed later on, we will call for him, if that is all right
with the President of the Court?
President: That is all right.
(Sgt, Regis Callahan, a witness for the Defense, was re-
called, and having previously been sworn, testified as follows:)
DIRECT EXAMINATION
Trial Judge Advocate: You are reminded that you are
still under oath. Sergeant?
Witness: Yes, sir.
i3,uestions by Defense: _ ■ '
Q Sergeant, I believe you have originally testified as a
witness for the Prosecution, that on the night of August
14th, you went down to the orderly room in the Italian
area?
A Correct.
Q I wish you would tell the Court, Sergeant, whether or
not at any time after you got to the orderly room in the
Italian Area you, at any time, went across Lawton Road
over to the vicinity of the Italian Service Club?
A Yes, sir. Approximately a half-an-hour or thirty-five
minutes, something of that extent, I crosced Lawton
Road to the edge of the precipice. At that time, we
were endeavoring to locate some of the Italians who
were apparently hidln- in the area at the base of the
cliff, and along the side.
Q Was that the first time you went over there, thirty to
thirty-five minutes afterwards?
A To the best of my recollection, it is.
Q Now, did you have men assisting you or not?
A Yes. At the time, we had several men down over the bank,
trying to locate these Italians to get them to come
back up out of their hiding places.
Q Well, tell the Court here, were you and any of your men
using artificial lights of any kind?
A Yes. We even went so far as to focus a spotlight, from
one of the military vehicles, as well as the headlights
from other vehicles available.
1496
Q, V/hon you went over there, what light did you use when
you first v/ont over?
A Nothing hut a flashlight.
Q, After you used that, hov; long v/as it afterward you used
the other type of light?
A Appj-^oxirnately half-an-hour. The other vehicles had been
usoil to take the injured to the hospital,
Q. Tell the Court where some of your nen went in an attempt
to find some of these nen?
Trial Judge Advocate: V/ell, I don't think that is
proper,
Q Well, tell them, then, v;here you saw they went?
A They went over the eage of the cliff, betv/een the Sound
and Lav; ton Road,
Q Whereabouts with reference to the recreation hall, building
731?
A It would bo west of that, possibly a little north,
Q Tell the Court vv'hother or not your men v/ere using any
other means in an attempt to persuade the Italians to
return?
A V/ell, outside of shouting and trying to talk to them,
v/e had one member of the I,i, P,'s who spoke Italian, \7ho
we thought might be a little more persuasive, to get
the Italians to come up,
Q, Nov;, tell the Court when it v/as with reference to the
first tine you tried to get the Italians to come up,
v;hen you got someone there v/ho spoke Italian?
A Approximately a half-an-hour,
Q, Tell the Court v/hether or not. Sergeant, the original
attempts to persuade thcra to come up v/ere in English or
in what language?
A Well, they v/ere in Ehglish. "-
Defense: You may examine, Counsel,
CROSS EXAMINATION
Questions by Trial Judge Advocate:
Q Sergeant, now, v/hen you first v/cnt into that area, you
spent considerable time around either barracks 708 or
709 before you over v/ont to the orderly room?
A That is correct,
Q How much time did you spend around barracks 708 or 709
before you went to the orderly room?
A Approximately a half-an-hour,
Q, You were clearing those Negro soldiers out?
A Sgt, Jones v/as v/orking in the orderly room, the Italian
1497
orderly room, clearing thorn out and :isslstlng in that
area,
I
Q And you were working in the barracks, and I "believe you
told the Court in one of the barracks you pulled yoiir
gun out and it took you about thirty minutes to accom- |
plish that?
A Yes, sir,
Q, Or it could have been a little longer?
A Yes, sir.
Q And' after that you v/ent to the orderly room? .
A Yes, sir.
Q Hov.' long did you spend in the orderly room?
A Only a fcv/ ninutos, possibly five minutes.
Q You, among other things, looked around for things that
v;ore in the orderly room and checked to see if an^'body
else was there hurt?
A That's right, ^ ^
Q, And I believe a dog tag v;as picked up at that time?
A Yes.
Q So you estimate that it v/as a fev/ minutes that you spent
there? j
A Yes, sir. • ^
.^
Q And, then, after you left the orderly room where did you |
go?
A Then I crossed Lawton Road to detail some men to assist
recovering these* Italians. A
..'I
Q Yes. So that from the time that you arrived at the i
Italian area and first started w&rking trying to clear
these barracks of ITogro soldiers, from that- time on un-
til you entered, or, — until your coming across Lav;- ^
ton Road to try to find some of the Italians, there
could have been as Ion"' as forty-five minutes elapsed?
A It is possible. I siio-'.ld judge botv-en thirty and forty
minutes, ^
" ' -?
Q, Between thirty and forty minutes. Ml right. Nov/, your
men would cone over and would go to the cage of the em-
banianent, just beyond Lawton Road, to the west, v/ouldn't l
they?
A Yes. j
Q And that is where the looking around for the Italians |
was done? 1
A That is correct, ;
Q Nov/ that is some little distance north of the recreation
hall, isn't it?
A That is right.
1498
Q You knov; v/hero the recreation hall is, you can corae up
here and look at this if you v/ish,
A I would say they were north and west of that area,
Q And the emhankment runs all along here, doesn't it, v;est
of Lav/ton Road?
A I believe Lav/ton Road is shaped to fit the omhankment.
Q Yes, that's right. Nov/, then, you and your nen v^rould
come to the bank and they would look around to see if
they could find any of them hiding along the bank there,
and then they v/ould also, as you say, shout to see if
anyone would hear, that they could come up with safety
now?
A That is right. We also had some men over the bank, dov/n
in the brush.
Q You don't know how far they \wcnt down in the brush, do
you?
A No.
Q Those men who were over the bank, they v/ere some distance
from' the area of the recreation hall?
A Well, they were over hero (indicating).
Q Most of' the activity of your men went on up here (indi-
cating), v/hich is some hundred yards away from the recre-
ation hall?
A That's right.
Q And as far as you knew, none of your men went dovm
along the obstacle course along the pathway?
A I have never been able to determine whether they did or
not,
Q As far as you knov/, none of them ever went dov/n there,
then?
A No,
Trial Judge Advocate: That is all.
RHri^REGT EKAMINATIOII
Questions by Defense:
Q You don't want this Court to londersLj.nd that none of your
men were sent around the Italian Service Club?
A No, I wanted to give the impression that they covered the
area as well as they could, I can't say definitely that
they did do it.
Defense: That is all.
R^rKOSS EXAMIMATIOIT
Questions by Trial Judge Advocate:
Q Whore v/ere you when you pulled this gun?
1499
A At the rear of barracks 709,
Q That is away from Lawton Road? |
A A single barracks, as you come into the barracks from :|
the south, I
i
Q How long had you been in the area before you pulled \
your gun? j
A Just long enough to walk from V/yomlng Avenue to bar- \
racks 709.
Q Did you fire a shot in the air?
A No, sir. _ .
Q Did anybody fire a shot in the air that you heard?
A I didn't hear any if there were.
President: Any further questions? j
Major MacLennan: Yes, I have a question.
EXAIvIINATION BY THE COURT
Questions by Maj, MacLennan: •
Q Was your search, or the search of your men, successful
in rounding up any Italians in that ravine?
A Yes, sir. Wo brought quite a few out in the area in |
which we v;ere searching, • I
Q, Did ^rou estimate how many you caught?
A Well, seven or eight, anjrway. . .
I
President: Is that all?
Defense: If the Court Please, the next witness might
be somev/hat lengthy, and it being a few minutes to ten, I
would suggest v/e take the morning recess at this time before
starting, if that is agreeable with the Court.
President: VJc v/ill trJ:o our usual f if tcon-mlnuto re-
cess,
'The court then took a recess from 9:5C a,m, , until 10:13 :
a.m., at v/hlch hour the personnel of the Court, Prosecution |
and Defense, and the accused and the reporter resumed their
seats.
President: Is the Prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir.
President: Is the Defonse ready?
Defense: Defense is reo.dy, sir.
President: Court will come to order, ..
1500
Trial Judge Advocate: Let the record show thct all of
the accused are present, that all members of the Court are
present, as v/ell as the personnel representing the accused
and the personnel representing the Prosecution.
Sgt, Arthur J, Hurks stops up before the Court,
Law Member: Sgt. Hurks, it is my duty to advise you
that you have certain rights as an accused' in a riilitary
Court Martial,
First, you Eiay either be sv/orn like any other witness in
this' case and give your testimony under oath, and if you do
that, 'your evidence is considered like anybody else's evi-
dence, and you are subject to cross examination by the Trial
Judge Advocate and by any members of the Court,
Or, you may make an unsv.orn' statement, either through
yourself or through your counsel, and if you do make an un-
sworn statement, you may not be cross examined on any mat-
ter contained tacrein. Such unsworn statement is not strict-
ly evidence, but the Court ,;;;ives such consideration to it
as it dc'jms fit.
Or, third, you may remain absolutely silent and make no
statement, either sworn or unsworn, and if you do elect to
remain silent „ the fact that you do cannot he considered
against you. Do you understand those instructions?
Accused: Yes, sir.
Law lieraber: There are no further instructions that you
v;ish along that line?
Accused: No, sir.
Law Member: You have talked this matter over with your
counsel, Maj, Beeks.
Accused: Yes, sir. I liave, sir,"
Law Member: And you hi ve decided that you v/ant to be
sworn and testify as a witness in your own behalf?
Accused: I have, sir.
Law Member: All rir^ht, will you sv/car him, Col. Jawor-
ski?
(Sgt. Arthur J. Hurks, a witness on his own behalf, v/as
sworn and testified as follows:)
Trial Judge Advocate: State your name? ' •
Witness: Arthur J, Hurks,
Trial Judge Advocate: And your grade?
1501
witness: Sergeant.
Trial Judge Advocate: And Your organization?
Witness: Formerly of the 150th Port Company, now
stationed at the Post stockade
1502
Trial Judge Advocate: You are one of the accused
in this case?
The Witness: I am, sir,
DIKECT EXAI/iINATION
Questions hy Defense:
Q How old are you?
A I am twenty- three years old, sir,
Q Where is your home?
A Houston, Texas, sir, I v;as drafted there, I was
born in Louisiana.
Q How much education have you had?
A To the highest level grade, passing.
Q Did you finish high school?
A No, sir, I didn't; thei^e was fourteen days I had to
finish it. That was due to three deaths in the
family within thirty-eight days.
Law Member: V/e can't hear you. Sergeant; keep your
voice up.
Q When were you inducted into the Military Service?
A December 28, 1943.
Q What did you do, Sergeant, before you were inducted
into the Army?'
A I was a rigger, first-class, at the Houston Shipbuild-
ing Corporation, .^ .
Q, Now, were you ever convicted of any crime in civilian
life?
A No, sir; I have never been convicted,
Q Have you ever been cor.victed by a courts martial since
you have been in the / -"ly?
A No, sir; I haven't.
Trial Judge Advocate: I am going to ask that that
be stricken. That hasn't any place at this time.
Defense: Well, if I want to put in ':is record, I
think I can do so.
Law Member: He has a right, if he wishes.
Trial Judge Advocate: Not on court martial convictions.
However, it is already in so T will let it go,
Q Have you ever been recommended for the good conduct
medal?
A Yer, sir,
Q When were you recommended for the good conduct medal?
1503
A I v/as rccornnencled when I was overseas,
Q You' have been overseas, have you?
A Yes, sir; I have,
Q, Without indicating the particular place you were at
overseas, tell the Court where you were in your
operations?
A I was in the southvi/est of the Pacific, sir*
Q, When did you go to the Southwest Pacific?
A Sailed on*^ the 20th of August, sir,
Q When did you return?
A I returned, I think, the 19th of October.
Q, Now, tell the Court how you came back. Did you come
back under guard, did you come back alone, or how did
yoti come back?
A No, sir; I have never been under guard, I came all
the vmy back to California; from there I was given
my transportation to Seattle, and upon my arrival in
Seattle, I caught the bus and came out to Fort Lawton,
Q Now, calling your attention. Sergeant, to the night of
August 14th, of this year, v/hich is the night that
there was difficulty botv/een the colored soldiers
and the Italians, I will ask you v/here you v;ore at the
time you first had knowledge that there was something
unusual taking place that evening?
A I was upstairs in Building 719, running the crap game,
sir,
Q You' were banking the game?
A Yes, sir; I v/as banking the game, ■>■
Q V/ho was in that game, Sergeant? =
A V/ell, some of the men were Jessie Sims, Willie Ellis,
There was Cunningham. And a number of others, Halsoy,
That was just about, that was just some of them,
Q You have a distinct recollection of Sims being in
the' game that night?
A Yes, sir; I do, very clear,
Q And what brings that you your mind?
A I remember Sims very well because of the arg-ument that
he kept up in the game. The reason vhy he 'kept up
so much argument, I imagine,, to begin with, he v/asn't
his normal self. That is, he seemed to have been
drinking. Then, again, he was angry because he seemed
to be losing his money every time he bet,
Q And you say you were in the crap game at the time you
first learned of something unusual taking, place. What
took place that brought that to your mind, called it
to your attention?
A While we were in the game there v;as a v;histle blovm
e>^
1504
and we didn't pay any attention. ^7e just continued
to shoot on for a few minutes longer. And someone
shouted out their' s, I mean during the time when
the whistle was blovni, fellows began to want to
know v/hat was wrong. Someone shouted out, "The
Italians had killed one of our boys," and we didn't
pay any attention to that because the man had his
V money dovm and we was shooting and we continued to
snoot until this fellow missed his point,
Q Well, then v/hat did ^^-ou do. Sergeant?
A The felloe's began leaving the game, one by one, and
I was the last to leave this game i-'ecause I had my
money scattered all over the blanket and I had to
pick it up and put it in my pocket Ijefore going dovm.
Q Well, you say, "going dovm." Nov/, tell the Court
just what you did,
A I walked dov/nstairs, sir, to the door of 719.
Q, Did you live in that particular barracks?
A Yes, sir, I did,
Q Did you go outside the door?
A I stood in the door for av/hlle around the steps, not
needing the occasion for at least, v/ell, I stood there
until a few minutes, until a soldier came dov/n and
asked me v/hat v/as going on.
Q, At this time, v/hat lights were there burning in front
of Barracks 719 that evening, if you know.
A There was no lights burning in front of Barracks 719,
I thought there was a little light coming through the
hall from, the light of the latrine.
Q Are there light fixtures on the front of Barracks 719?
A Y3S, sir, there are light fixtures there, but no bulbs
in the fixtures.
Q Tell the Court v/hether or not there had ever been bulbs
in those light flxtu^'es from the time you have
lived in Barracks 719?
A No, sir; there have never been no lights there from
the time I lived in T^-ar racks 719.
^ By the vray, do you knov/ the First Sergeant of the
578th Company?
A Yes, sir. I know him by seeing him, not by name,
Q, During the tirae you vcve standing in front of 719
did you see the First Sergeant of the 578th?
A Yes, sir, I did.
Q v/here did you see him?
A I saw him standing in front of his men in the next
barracks, 720,
(\ What was he doing? ^
1505
A He had a baseball bat in his hand, daring any of
his men to come out, daring any of them to mix \7ith
any of the boys from ou.r barracks v/ho v;ere out in
the streets.
q ^Ahat did he soy?
A As I recall it, in v/ords of substance, he Y/as telling
them that there was none of his boys v/as going dov/n
to fight the Italians. He kept sv/inging his bat
around, if anyone y/alked up close to him.
q He did v/hat?
A He v/oiild SY/ing his bat around if anyone walked up
close to him,
q All right. You told the Court that you stood out
in front of Barracks 719. I want you to tell the
Court 7/hat you did from that point on.
A I stood in front of Barracks 719, right in the door-
way, until one of the accused, now I don't know
whether I can name him or not, asked me what v;as go-
ing on. I told him that they were fighting down in
the Italian area, because as I stood there I could
see some fello'ws just running on across the little,
I would say, vacant lot, by mess hall 700, back there.
They ^/as running on down toward the area. As I.
stood there for a few minutes I could hear a rumbling
noise, and there seemed to be a breaking of glass
and throv/ing of rocks against a house or barracks.
Then I v/alked out to the side v/here I could see a
group of men who were huddled around a boy whom I
later found out to be Montgomery. Well, Y/hile I
was standing there someone either shined a light in
his face or v/as striking matches, for I could see
between the fellows' legs that was standing around
him that this fellow was of light color, and his
r ' eyes seemed to be just a bit open. Later on this
ran was put in a jeep and carried away. I also sa\7
over to my right, I think the right of Building 719,
out in front, a boy, it must have been Alvin Clarke,
who had his hands on top of his head, kind of holding
it, and then he later souatted down on the curb. Seemed
he was sitting down there.
q And then ,
A (interposing) I first saw,
q (interposing) Pardon me. This Alvin Clarke, you sa?/,
had his hand on top of his head sitting dovm there?
A Yes, He seemed to be as if he v/as in pain.
q I see. Gould you tell whether or not he had been
injured?
A I couldn't tell whether he had been injured, because
I could not see an;'' blood, as I recall.
q All right. You started to say something about something
else. Was it 7/'our First Sergeant, or first what? 'Vill
1506
you go on and. toll the Goiirt?
A Yes. My First Sergoant ran up and asked no what
v/as going on and said for the fellows to get back
in the barracks and told mo to put them back in,
and, so all I could do was help him, because he ex-
plained to me that if the m/P.'s came down with
machine guns that tn ij could kill any of those
fellows they waiitod to and nothing co-aid be done
about it Ho alsc . -vlainod that they didn't
have anythmfs to ex • ith protecting themselves
an I to get bac.i m tnc barracks. The fellows
scorned to be slow and I also talked to them helping
to get thorn back in.
Q, Did you have a conversation v/ith any other Sergeant
about getting the men back in?
k Yes, sir; I did,
Q V/ho was that?
A I had a conversation. with Staff Sergeant Spencer
Martin.
Q V/hat was the conversation you had v/ith him?
A He asked mo, "Vifhat is going on, HurLs?" I mean, he
ran up to me, he was in a hurry and ho wasn't nowhere
in the area when the thing over started up, so ho asked
me what was going on. I oold him that they were
fighting and he said we have got to get those men
out of that area. He said that if wo didn't do
that we could be, I think he said we could bo put
in the guardliouse or words of substance of that kind,
as a non-com. He said we have got to get them out of
that area.
Q All right. Go on and tell this Court what you did
after that.
A After that the fellows all drew around and the First
Sergeant disappeared; also the Staff Sergeant. I
didn't see them any more. So I walked back to the
s' ops and it seems as if I remember seeing a few
fellov»fs standing up there with underwear on and
their hands in their pockets.
Q Let me ask you this, Arthur? Did you have any con-
tact or conversation with a white soldier who had
been injured that evening about the time you have men-
tioned?
A Yes, sir. There was a soldier. The ambulance came
up and, it seemed after the Chief had gone, and I
could see \>j the light of the ambulance, and I think
in one of my statements I said "M.Pr car lights,"
but I could see by the ambulance, instead of the
M«P. car lights, that the men they had named, one
of the accused was bringing up a v/hite fellow.
Q Who was that?
A Bringing up the white man?
1507
say you carried him, you don 't nenn physically, now,
do 'you?
A NO; sir 5 he Vi'alked along and didn't seem to be In-
jured.
Q Show the Court v/here that was nov/ on Prosecution Ex-
hibit 2
A Well, v/o vvalked all the way there to about right
over here (indicating). This road (indicating); and
v;e walked on this road ( indie atingg ) ,
Q You are indicatingg up Lav;ton Road in the vicinity of
Barracks 665?
A Yes, a little beyond Barracks 665,
Q, Where did he go then? ,
A Here (indie at in g),
Q Through the park in an easterly direction?
A Yes,' There was something about, when I had talked
with,
Q (interposing) llov;, s-ocak up, so the Court can hear
you,
A Yes, When I had talked v/ith this Staff Sergeant,
Q (interposing) You moan Sergeant Farr?
A Yes, sir, I talked v;ith Sergeant Farr, I met a
buck seargeant. He told me as we was going up the
hill that there were a number of American soldiers
down there, v/hite soldiers. And I told him to go
on from there, that he would be all right, and he
said. Thanks.
Q Then what did you do?
A I returned back to the front of 719,
Q All right. Tell the Court what you did, what happen-
ed, then? '
A After this, I stood tiiore for a few minutes, and later
a group of 11, P. ' s' came around in a command car. These
M,P,'s v/ere white, all white; so' the most of them
seemed to be sitting in the back, there seemed to
be three in the back; so, all the fellows began
crowding firound him and v/anting to ''mov; v/hat it v;as
all' about, what was going on. One - .' ou^ fellows,
see, John Pinkney, a member of tho CbOth Port Company,
talked with the M,P, 's.
Q How was Pinkney dressed up, particularly, Y/as he
wearing any kind of an armband?
A Yes, sir. He wore the armband that said "I.i,P," on
it.
Q Did' he have anything in his hand?
A Yes, he had a club in hand,
Q An M,P. stick?
1509
A He had an M,P. stick, in his handi
Q Where did this conversation take place \7hcrc you
saw the Chief, and John Plnknoy?
A It was right here in front of ' 719 (indicating).
That is where the car stopped, parked directed in
front,
Q Vifas it on the westerly side or the easterly side?
A They began talking In tho center of the street,
then they walked over.
Q \7hich v/ay did the people come from if you know?
A Tho cominand car?
m
\
Q Yes the jeep or the command car, those people in
the c ar .
A It came down here ( indicating ) ,
Q, Came down Lawton Road?
A "^os, sir,
Q And' drove over in front of Barracks 719?
A Yes, sir,
Q Which side of the street did it' stop on, the
Barracks 719 side of the street, or tho mess hall
side of the street?
A It stopped on the barracks 719 side of the street,
Q Then I un dor stand you to say somo of the men got out
and v/alked down?
A Then the fellows got 6ut, all of them, along v/ith a
fellow who had pistol, a pistol, he was armod with
a pistol, £xnd th(.y walked across there (indicating),
Q Virginia' Avenue?
A Yes, sir, to this little vacant park between tho
700 mess hall and Lawton Road,
Q You mean this aread bctv>feen Lav/ton Road and Mess hall
700t
A Yes, sir,
Q All right, ITow, Arthur, what happened then, just
tell the Court,
A All the fellows v/as crowded arounji. There was quite
a largo crowd around the M.P.'s, and thev v/anted to
go to"' the area, too. But this white soldier told
them to go back to their barracks and stay thef'fc,
because he didn't them to go dovm to that area, and
he wanted all the fellows to go back to the barracks.
Q
Vifell, ¥;ere you asked to do a*.ny thing in particular
there at that time?
A Yes, sir; I was asked,
1510
Q (Interposing) Just a moment. "Who asked you?
A John Pinkney,
Q Well, what did he say or what did he ask you to do?
A He asked me to stay back with the, stay there, I
mean stay there and hold the men back so that they
wouldn't come down and be in their way, because they
had to clear their men out.
Q Did he ask anybody else besides you?
A There were a few other fellows. I mean, particular-
ly, I think he was speaking to me and Gresham.
Q Was Gresham there at the same time?
A Gresham was there, sir, but he seemed to be talk- 4
ing directly to me, because he called my name.
Q After Pinkney made this request of you, what did you
do?
A I bluffed the fellows by cussing them and talking
loud and telling them the M.P.'s were going to have J
to do a whole lot of shooting, and like that, and j
to stay back. These fellows hesitated a few minutes '\
and I continued to talk with them and while I was
continuing to talk with them, the white M.P.'s and
John Pinkney continued to go down to the Italian
area, and they seemed to be half running.
■ 1
Q Where did Gresham go?
A Gresham also followed, after he found out I was
going to stay there and hold this crowd back,
Q Did you see Corporal King there at that time or
not? «
A I don't remember seeing Corporal King, sir.
Q, All right. You have told the Court now that you, in
response to Pinkney 's request, assisted in keeping
the crowd back. Now, I want you to e^o right on
and just tell the Court what you did from that point
on,
A After I got this crowd to stay back, tJr^ey began walk-
ing back down the street. They seemed to be just
milling around, standing there. So, I walked back
to Building 719 and stood up there, looked around
for awhile. Didn't seem to be any more men going
down that way. So I went on to the steps. Then
Sergeant Aubry came back again. That is the First
Sergeant. He came back and talked with me, then,
and those that were out there, he wanted them to go
in the barracks, and those that were coming back, .
he wanted them to get back in, because well, he '
was still talking about the M.P.'s might hurt some
of us. Well, he left again, I think, to call the
Company Commander or try to get in touch with him.
1511
I stood there for a fe^-' seconds, and I ran on to
our orderly room. John Pinknc;"- cnme in vith the •*
white M.Pi and told the Ser^^epnt for the f^ood vrork i
he had done there he said he should get some ^*
stripes for it. I left our orderl^' room and came I
back to our br.rracks and there was one I^P., at ]
■,^ least one or two M.P.'s, two M.P.'s stood in the ■
door, and I found out one of them v/as from Houston,
Texas, and I talked wit}i him just a second or two,
and v/alked on upstairs and went on. I went on and
laid down in m-^'- bunk after pulling off my shoes
and listened to the radio and nu,t my lights out. .j
i
Q All right. Let me ask vou tlis. I want ^--ou to tell ;]
the CoTirt whether or not on this evening you ever |
led a group of men down to the Italian area from :]
Barracks 719, or its vicinity? j
A I have never led a croup of men down to the Italian -j
area. I have stood in front of a gro^ip of men and .^
told them, and asked them, to stay back. That is 1
the onl-"- time. J
I'X
1.
Q I want you. to also tell this Court whether or not at 'J
any time on the night of August 14th, you were yonr- \
self down in that Italian area?
A No, sir 5 I have never been down in that Italian area,
Q Or whether you. were down there armed with a club or i
anything?
A No, sir; I was never down in that Italian area with
a clii.b in my hand or an-"'thin". The onl;" time I ever
went down there wrs with the Court,
I
Q Do you understand what we mean b""- Italian area? j
A Yes, sir?, I do. ^
Q By the ^a^, Serjeant, did anv officer connected with .J
the Seattle Port of Embarkation ever tell you that j
' he was going to see that yo\i received some kind of j
a letter? 1
A I have been, \
i
Trial Judge Advocate: Now, just a moment. 'j
Q Just answer that yes or no.
Trial Judge Advocates Now, that is a thing that is -j
wholl^'- improper, because what some officer might ^l
have thought long prior to the time of the investiga- |
tion of this matter was comnleted, or even after it
was comuleted, or ™hat some officer might have thouf^ht j
or might have wanted to do, or have done, or recommend- j
ed, is not material to any issue in this case, and it
is improper.
Law Member: I think it is material. However, it
is hearsay.
1512
1
Trial Judge /idvocate: And there would be no authority
for that.
Q, I will ask: him, who the officer was.
A The officer was Major Manchester.
Trial Judge /advocate: I want the Court to know this,
too. If Counsel should go into this raatter then I am
going to ask the Court to let me develop the full facts
under this particular thing or situation and I think I
am entitled to and I an going to if the Court will permit
me.
Law Member: I want to go bac k to the original ques-
tion of the subject.
(Original question read back to the Court.)
Law Member: That is obviously calling for hearsay
and the question is objectionable on taat ground.
Defense: I can't see how it is hearsay, if the Court
please. Here is a representative of the Seattle Port of
Embarkation that makes that statement. vVe are not asking
what this officer said or whay somebody else said to him.
That is direct testimony.
Law Member: The officer that has been referred to
has been around this court room for four weeks now and
can be put on the stand.
Defense: Is the Court ruling that is hearsay?
Lrw Member: That definitely is hearsay and it is
exclud'. d.
Defense: You may examine.
The Witness: There is one thing I would like to say,
sir?
Defense: ,\/ell, you tell me.
(Whispered discussion.)
Q, All right. You tell the Court. That is just clearing
up something there may be some coatusion on.
Trial Judge Advocate: Well, you ask the question.
Q, Well, there is nothing prejudicial about it. You
mentioned you would like to clear up one part of
your testimony so there would be no confusion about
it, didn't you Sergeant?
A Yes, sir.
Q, And that pertains to when you saw John Hamilton?
1513
A Yes, sip.
Go ahead.
A I saw John Hamilton and this First Sergeant, I mean
this American white • sergeant, before I talked with
the First Sergeant of my Company and the Staff
Sergeant,
Q Well, ■ nov;, w.'io is the First Sergeant of your Conpan3r?
A Sergeant Roloert Auhry, ■• ■.
Q And who do you mean by the other Staff Sergeant?
A Staff Sergeant Spencer Martin.
C^ You want the Court to understand you saw Sergeant
Hamilton take this Sergeant Farr up there before you
had this conversation with this other Sergeant?
A Yes, sir.
Defense: All right, you may Inquire.
Lav; Member: Did I understand you had the discussion
with Hamilton before you tallced to Aubry and Martin?
The Witness: Yes, sir. .
CROSS EXAI5INATI0II ■ . .
Questions by Trial Judge Advocate:
Q Do you know how long that riot was m progress dcjm
there before Sergeant Parr v/as brought up?
A I don't know how long it was in progress, but I can
estimate just about the time that the soldier left
me until he came back.
Q All right. Just estimate that time.
A It seemed to have been about ten or eleven minutes.
Q Ten or eleven minutes?
A Yes, sir, ten or eleven; about ten, something like that,
Q You have had quite r. bit of education, haven't you.
Sergeant?
A To the 11th grade, sir.
Q Well, you have had quite a f ev; experiences in your
lifetime, haven't you?
A Experiences?
Q Yes.
Defense: Oh, I o-'^Ject to that.
Q Yes, you have v/orked and been around quite some bit,
haven't you?
1514
k I have worked on jobs, sir.
Q And you consider yourself rather clever, don*t you?
Defense: Object to that question, if the Court,
please.
Trial Judge Advocate: vjell, I want to show what
sort of ability this man has.
Law Member: Well, what he thinks is not proper.
Objection sustained.
Trial Judgi Advocate: I asked hiia, if the Court
please, if he did not consider himself to be clever.
Defense: vVell, that is the same thing.
Trial Judge Advocate: Well, it is his conclusion. A
man has a right to speak of what he believes of himself.
Defense: I still object to the form of the question.
Law Member: Objection overruled. "
Q, V^ill you answer that question?
A What v«;as the question again?
Trial Judge x^dvocate: Read the question to him,
Mr Stoddard.
(Last question read back)
A No, sir; I don't consider myself a clever type of
person.
Q, You don' t?
A No, sir. Nov,/, maybe I have your meaning of clever
wrjng. vi/ill you explain to me when you are talking
about clever, in what ways you mean?
Q, "Well, you have considerable confide ace in yourself,
don't you?
Defense: I want the record to shovv my objections
running to all these types of questions.
Law Member: Objection overruled.
A He said that I consider myself,
Q (interposing) You have considerable confidence in
yourself, don't you?
A Oh, confidence?
Q Yes.
A Well, I have, well, any man I think should have con-
fidence in himself.
1515
Q, Well, I am not talking about the other fellows;
I am talking about you Just now.
A In what way do you mean about confidence? There
could be confidence in ways of working or things
of that kind, you know. Just what particular thing
.•• are you talking about.
Q The same confidence that you spoke of when you said
that every man should have confidence in himself?
A Well, sir; I don't believe there is a man that don't
have a little confidence in himself.
Q Well, you have considerable confidence in yourself,
don't you?
A Pertaining to what matter?
Q All matters?
A Well, there are a lot of things that I don't know
anything about, therefore, I couldn't have confidence
in something like that.
Q You have sat in this court room and you have listened |
to considerable testimony, have you not?
A Yes, sir; I have.
■<
Q And you have followed that testimony pretty care- ■■.
fully, haven't you? ]
A I only sit here and listen to things that was going J
on. Sometimes I forget things before I even got |
back to the barracks. -i]
3
Q You Didn't forget that the man you should say that ^
you participated in helping that night was Sergeant 4
Farr? }
A That was Sergeant Farr.
Q And yet, when I talked with you about anyone that you ]
saw that night, you couldn't give me even a description |
of that man, could you? I
A I have given a description once. ^
Q How did you describe him? {
A I says he was tall, and I mean, he was about my 1
height and sandy, I think I said ha,-, sandy hair. -^
Q Now, the truth of the matter was, the only> thing you i
said was that he was tall. Now, that was all that |
you said, wasn't it? H
A I did mention about his hair. " ' •]
i
Q Do you consider Sergeant Farr tall?
A Yes, sir, I do,
Q You consider him to be tall? ;
A Yes, sir; I do.
Q, How tall do you think he is?
1516 I
A I would say about five feet nine and a half or
ten inches, it is about that.
q You watched Sergeant Farr very carefully in the
court room, didn't you?
A I saw him as he testified.
Q, Now, when you say it was John Hamilton v;ho turned
Farr over to you, a person that you say was
Sergeant Farr, that is correct, isn't it, isn't
that what you testified to?
A John Hamilton turned a man over to me when I ran
out to meet him, sir.
Q You ran out to meet him?
A Out in front of my barractcs.
Q, Where did you run from to meet him?
A From my doorway, sir, of 719.
Q, You were standing in the doorway of 719?
A When I sav;/ him.
Q, And you ran out to meet him?
A Yes, sir.
Q, V\fell, now, v^/hy did you run out to meet him?
A I think it was something very unusual that they would
have a white soldier out there.
Q, Well, now, how far away from you was he v/hen you
ran out to meet him?
A It was just a little to the right of my barracks,
719.
Q, He was across the street?
A No, sir; it wasn't across the street.
Q, It wasn't across the street?
A He was in the street, sir.
Q, He was in the street?
A Yes walking straight up through the street.
Q, Well, you were in the doorway of 719?
A Yes, sir.
Q, And you ran out to meet him?
A Yes, sir.
Q, Now, don't forget. Sergeant, it was awfully dark
that night.
A Yes, sir. ■ ,.
Q, And you had no light in front of that barracks?
A It was ,
Defense: (interposing) I object, that is argumentative,
1517
he is testifying himself.
Law Member: Objection overruled. He already
said it ?/as wark.
Defense: Shoii? my same objection to all this type of
questions. He is not asking questions, he is making
assertions and statements, and in fact, testifying him-
self.
Law Member: It is not direct, it is in the direct
testimony he testified ho rjont from tho door out to the
road. This is cross-examination, now.
Defense: But it is arguing rdth the ^7itness and
he is not asking questions, he is not asking a proper
type of question. That is my objection.
Q, It was dark, wasn't it?
A It was very dark, sir. But tho only light there was
from tho ambulance parried in front of our barracks
shining down in the stroot,
Q, There was an ambulance already there at that time?
A An ambulance came up after the joe p.
Q You arc placing an ambulance there at the time
Hamilton was coming up the street, then?
A Yes, sir,
Q, Ao the time tho ambulance got there, tho matter was
already all over in the Italian area?
A No, sir. When John Hamilton was coming up, that
ambulance was already there in front of our barracks,
I think this same ambulance carried away some of the
boys, I am not sure, but I think they did, but I
am pretty s\ire they did carry someone away,
Q So there was an ambulance light that helped you out
to see that John Hamilton and this man you say was
Sergeant Farr, it helped you to see them when they
were coming across thu street?
A Coming up the street.
Q, All right. V/as ho placed in that ambulance right
away?
A Was who placed in tho ambulance?
Q Sergeant Farr,
A No, sir, I carried Sergeant Farr to the top of tho
hill, to where the road intersects. Ho seemed to
have come to at the park, because I told him he
would bo all right, and ho could go on,
ft You took charge of him sort of in front of 719?
A Yes, sir, •
1518
Q And you took him up the hill?
A ■ Yes, sir, all the way, sir.
Q, Why was that done?
A There were reasons, the reason I did, Hamilton
told him "Don't let no one hurt this American sol-
dier."
Q Do you mean to tell this Court that there were negro
soldiers oat in the street in front of 719?
A (interposing) There was.
Q, Just a moment, let me ask you this question first.
That there were negro soldiers out in front of
719 and in that vicinity who were there to hurt
Italian soldiers; is that your testimony?
A I am only inferring, sir, from the words John
Hamilton told me. Those men, I guess, I don't
know whether those fellows would hurt him or anything,
so I carried him all the way, walked right by his
left side, and he v^'asn't saying anything until vm
P'.issed on the other side of a little street, and was
going on up the hill, then he told me about American
soldiers being down there in that area.
Q, Now, at the time you were standing there in the door-
way of 719, and John Hamilton brought this soldier
up there was there a crowd of negro soldiers any-
where close by?
A There were fellows milling around, all up and down
the street.
Q, All right. You told this Court on direct examina-
tion that John Hamilton told you at that time, "TaJte
that man through the crowd, and don't let him get
hurt."
A Yes, sir.
Q, That he is an Americ-.n soMier?
A Yes, sir.
Q, And didn't you also say that you wanted to take him
to safety and that is the reason you took him?
A I didn't say that I vtanted to tal-ce him to safety.
He told me to take him on all the way up, to take him
to safety through these fellows.
Q You didn't mind doing an unnecessary thing, did you?
A "rfhat do you mean?
Q, I mean by that, you had in mind taking him to
safety, too, didn't you?
A When I vralked out there and John Hamilton told me
this was an American soldier, take him on through
the crov/d to safety, then I carried him on, all
I was interested in was in carrying this man through
1519
so he wouldn't be hurt,
Q, You vjore very much interested to see that he was
not hurt?
A Yes, sir, since he xinxs an Amorioan soldier,
d Yes.
A But if that had been an Italian soldier I wouldn't
have tried to help him, because maybe somebody isould
have j\imped on him,
Q, That tolls your ^7hole story, is that right?
Defense: That is improper, if it please the Court.
Law Member: Yes, it is,
Q I will ask you this} is it not a fact that you
went on down to the orderly room thct night, that
you were in there with a group ptfticipating in that
affair with the crowd in the orderly room?
Defense: Now, that is two questions in one.
Trial Judge Advocate: Well, if he didn't do that,
all he has to say is "no".
Law Member: Objoction overruled.
Q, Isn't that true?
A Sir, I have never boon in that Italian orderly room,
Q, Weren't you down there with a club participating in
that affair? in that orderly room?
A No, sir, I was never in there with a club. The only
time I have been in the Italian orderly room was with
the Court,
Q, In other words, you wore not in that orderly room that
night?
A No, sir. '
Q, With or without a club?
A I have never been in there except with the Court,
Q, After you got down there you saw that American white
soldier had been hurt?
A Sir, what are you speaking of now? I have never been
in the orderly room; I have never been down there to
find out if anybody were hurt. The only time I did
anything, was bring a man up that hill and I didn't
know that man was hurt or who he was when he was turned
over to mo in front of barracks 719, end he told me
to take him up through the crowd.
Q, Well, after you saw that American soldier was hurt
1520
prett^'' badly do'vvn Lore In that orderly room, you loft
the nen that you led down thor'e and v/ent back up to
a place v;herc you thought it would be safer, isn't
that tr-'^c?
A Sir, I have never led no men, and I have never v/cnt
down and. as you say found out that American v/ero
woxinded and brought them back. That is not right,
I have never done that,
Q Have you ever talked v/ith James Chandler, one of
the accused in this case about your activites
and where you v;ore that night?
A No, sir, I have never talked with Jcanos Chandler
about where I was or any of my activities,
Q Have you over talked with ViTillie G Jonos, about v/here
you wore that night and what yoxir activities were?
A Since coming back,
Law Member (interposing): Now, don't state the con-
versation. The Answer" to th;it question is Yes, or No,
The Witness: Can I name the place?
Law Member: The answer to that question is yes, or
no. Sergeant, He has asked you if you have talked with
Sergeant Willie Jones,
Q About youi' activities on the night in question?
A In the compound out hero, since the case has started,
La^v Member: Nor/, the answer is yes, then?
The VJitness: Yes, sir,
Q In the course of that conversation did V/illian G
Hones tell you an7-thing about where he saw you?
Law Member: 'And the ansv/er likewise to that ques-
tion is yes or no. Sergeant,
A No, sir. In the compound we never talked about,
he never said anything about where he \7as.
Q Did he say anything about where yo^" .ore?
A No, sir,
Q Well, you have talked v/ith the accused, James Chand-
ler?
A No, sir; I have n^ver talked with Jaru-s Chandler,
Q You v/ero considerably concerned v/h-.j:i '^ou real:..2',ed
that some white Americo.n soldiers had boon hurt
that night, wore you not?
A The only matter that I knew of, as o.n American, ^vas
this feilov/ that v/o brought out and I didn't think
t
that ho was hurt, and he never said that ho was
hurt* But v;hon he said there were a ntoribcr of Ancrican
soldiers down there I was interested in seeing that
that stopped. Because, I camtj from a place v/hGrc .|
colored and whites, if they do fight, you know,
the results v/ould be for the detriment of the nor:roes, i
The negroes would always got the worst. That is dov;n *
in Texas,
Q Well^ that is thu tldng that ran tlirough your nind,
when you saw what wont on down tho-.'^e in that o3.^dorly
room, and you naw some iunorican soldiers had been
hurt?
A I have never boon in the orderly roon, ill the
Italian orderly room, I never saw any ncn being
hurt, or any men that v/ere hurt. All I know is that
I did take this Sergeant from the front of ny barracks
all the way to the top of the hill, i
i
Q You heard Sergeant Parr testify that he had, to bo taken S
through a lino in order to get to what was termed a |
sale place; were you forming or were you with any |
line that Sergeant Parr had to gain passage through J
before ho could return to safety? . '.
Defense: I don't know hov/ he can ansv/er that question,
if the Court, please. He asked first if ho heard Sergeant }
Parr's testimony, and then he goes on to another thing, ;|
Q All right. Did you hear Sergeant Parr's testimony
to that effect?
A Sir, I have hoard Sergeant Parr testify that it was
difficult, that fellows were bringing him out from !
the area, something like that,
Q Well, you heard him further say that he had to gain
passage through lines before he could get to safety?
A I don't remember that,
Q Yoti don't remember th'\t?
A No, sir.
Q You can't remember bin saying anything about lines
of colored soldiers that had formed and that ^ he had
to pass throug'.L? ' ^,
A Sir; it could have bc>.n stated if T'ou say so, thCy
did, but I lust didn't pay any attention to that,
when it was being testiried to in court, ,
Q Yet, you felt he was talking about ^^. ou and John I
Hamilton the whole time, but you didn't pay any atten- -^
tion to him? . I
A No, sir, }
Defense: Arc •^'■ou making an assertion or are you
asking a question, Counsel? .
1522 i
Trial Judgo Advocate: No, sir; I have a right to
load him.
Dofonso: I an objecting to It as not being In
the forn of questioning. There is a way of asking a
proper question.
Law Mombcr: V/hat was that. Major?
Defense: And for one thing, the record does not
show any tone of voice counsel Is using with this
witness.
Law Monber; Is there any rule about tone of voice
Major?
f
Trial Judge Advocate: If you can control the tone J
of my voice, you are pretty good, -^
\
Defense: Vi?cll, if you can't, I am sure I cannot.
Law Member: What Is the question.
(Last question road back, )
Law Member: That question Is objectionable In form, |
because it certainl^r does call for two questions. i
Q Well, lot's sec if I can possibly chop it up In \
two or three questions, if I can I will be glad to
do it, but I thought it was just one question. Now, lots
see. Did you feel that Sergeant Parr was talking about
you and John Hamilton when he testified about having
been taken by soldiers to safety?
A Sir, you spoke of lines at one time and
Q (interposing) Well, I am asking you this question i
now first, l/Vill you please answer it? Or do you . '^
have any objection to answering it? '|
A Will 3'-ou read the question, please? '
Trial Judge Advocate: All right. VJlll you road It |
to him, Mr Stoddard? \
i
(Last question road back, ) I
I
A When he said soldiers, 1 don't think so, but, he .;
said soldier, which would be strictly pertaining to i
me, then I would say, yos, sir. If he said that, J
Because, I was the only one who carried him to the \
top of the hill, |
Q Of course, you didn't pack him up there, you didn't
just pick him up dovm at the orderly room, did you,
and carry hin bodily to the top of the hill?
1523
A I saw this men only when he was coming up to the
front of the barracks.
Q, Well, you were, of course, standing in the doorway
of Barracks 719?
A Yes, sir.
Q, Now, will you come up here with me and shov; me the
furtherest point you ever got from the doorway of
719? Let us go over to Prosecution Exhibit 2. Here
is your bai racks, 719, and here is Virginia Avenue,
and your doorway would be right in front here
(indicating). Now, you shov^ the dart the further-
est point you ever got away from t.^at doorv»/ay.
A The farthest point I had ever got away from this
Building 719?
(^ From the doorway, I said.
A From the doorway of 719, was to my orderly room.
Q, V/here was that? . ■ '
A I don't know the number. ''*
Q, vmat was the furthest point you got away from the
doorway of 719 on the night of the riot?
A V;hile it v;as in progress?
Q, While the riot was in progress, yes.
A While it was in progress?
Q, Yes; v\/hile it was in progress.
A I think it must have been about eight or ten feet,
on this little vacant lot, where Pinkney and the M.P.'s
held the crowd back.
Q Will you just mark the spot by your initials down
the re ?
A I don't know exactly, right along he re (indicating) .
Ci Well, nov/, you see, you can judge the distance here;
here runs Lavi/ton Road, and here is Building 719, and
here is Building 700, the mess hall. Now, just put
your initials there, there is no harm in putting
your initials on there.
A (marking on map.)
Q, All right. Now, you marked that AH, with a dot right
underneath it, didn't you?
A Yes.
Q, All right, will you come back and have a seat, please.
When did you first go down to that point that night?
A At the time I went to that point was when the,
when Pinkney was trying to explain to the LI.P.'s about
going down there, and he kept asking Pinkney, was he
going, was he going, and he said, yes, he was going
1524
to get our bo^/s out of that area, so v/hen lie .^
asked me, -I
Q Well, from there, did 70U \valk with Pinkney to the
spot that you have marked on the nap?
A From there I walked right along with a white
sergeant and Plnkno^r.
Q, Then jqh got to tho sioot the sane time as Plnkney
did?
1525
Q (interposing) All right, I asked you just v/hat
you heard to that point.
Defense: He is telling you. Counsel, -.■
Trial Judge Advocate; Yes, he told me v/hen Plnkney
was there. That Is all I am interested in*
i
0, y/as Plnkney, at that point, before you were there, i
or was he there after you were thy re, did you go t
there first, or was Plnkney there v.-hen you arrived I
at this point? ]
A Plnkney was already there, over there, and the ]
white K.P.'s vvere on the other side of the other i
fellows and me, so that would make Pinkney there \
first, I
Q, He v/at3 there first. All right. 3
A Yes, 'because they started right in front of the street, ]
ond as the fellov;s walked around tr3''ing to acir they :1
vere going dov/n there to see what it was all about, i
a lot of them said thoy wanted to see v;hat it was \
about and a lot of them were going, I guess. I can't ^
give an opinion v/hy they were going, ]
^ ^Vell, just tell us vrhj you were going to that par- j
ticular point, |
A That is v;here I heard the group, and Plnkney and the ]
M . P . ' s . I
Q But 7/ou had to get there first from the door to the 1
M.P.'s? i
A .Vhen the M.P.'s came out, I v;alked dov-n to the car .|
and everybody tried to talk and tolling the M.P.'s
what was going on, and he said, "Let him do the talk-
ing," and he talked with them, and they said the37"
was going dovm and break up what ■•as going on and 1
also get our boyr' out of that ar.;a.
i
n Did you walk from, the doorway of 719 with Pinkney ]
to that spot? i
A I walked from the doorway in front of 710 to the .\
car v/hen it parked. It was a Comr,:and car. It was >
a car without doors. J
A
;. No, air. They did. I moan Pinknoy :xnd the M.P.
got there first.
Well, you s^dd you walked alongside of thorn?
A Well, if I s.^id alongside, th".t v/as because thoy
was at the door, sort of in front,
Q In other words your testimony is that you c"0't to
that spot about the s^ir.e time?
A I won't s-\j on that ibout the some time, A few
seconds ?/ould moan a lot, sir.
Q All right. V/hy won't you say you got there about
the sane time?
A You want the trtith in this testimony, sir, and I am
giving you the truth, the best I can.
Q, Well, you have told rao once that ycu went alongside
of then, and now I ¥/ant you to toll me v/hy you v/on't
S!y you got there at the same time?
A That would mako them getting there a little ahead of
mo. I won't say. Pinknej'- was going on dc5^n and
I imagine if I had had enough protection I would have
gone dovm but as long as I saw all of those men
coming up .'Uid one v«ith a gun, naturally I would rather
stay back,
Q Did yovi takx^ this nan with Sergeant Parr up the road
before the H,P.'3 got there, or 'if terv/ard,. after
Pinkney ajid the M.P.'s got there?
A I carried hln up tho-re before the M.P.'s got there,
.You said Lawton Road. Is that considered Lawton
Road, all the way on that, |
1
■^ Do you v/ant to stop up to the map? '
A I thought all along hero (indicating) was Lawton
Road. 1 am speaking of here (indicating).
Q Well, that is a paj-t cJ Lawton Road.
A I didn't know, I u i f^-^rvy, sir, . ,
1
Q So you had taken Parr, according to your testimony ]
and walked a little distance up Lawton Road and i
then turned back and cajie to your barracks again?
A Yes, sir.
Q Before the M»P. ' s arrived?
A Yes, sir; before the I.I.P.'s arrived, s
Q And you went back to your post, or to your position
in the doorv/ay of Barr^.cks 719?
A I went back to the front. Then up came the j
the Sergeant there, I was telling you abovit. That
is where I made that explanation to the Court about
having seen Hamilton before the S. rg^^cuat.
Q Did you or not go back to the doorv/a.y of 719 after
1526 i
1
A Yes, sip.
Q I-Iow Eiamr whistles did you hear l:?lo77?
K I can sa:7 I heard a v/hlstle blovm tv/lce. Vfiiether
this ^-/as the sane whistle or tv/o different v/hlstles
I don't knov/, j^^ut I did hear v/hat seemed to have
heen tv/o v/hlstles and it mifht have been just the
same ^^/histle blo^vn tv/lce.
Q, Yes, all rl£;;ht. And did 70U hear anyone come
running up the l.^arracks where this crap game v/as
going on shout anything?
A I didn't see anyone come running up, but I heard
someone yell that the Italians had Icillod one of
our boys.
Q Did that break up the crap ;;ame?
A Not there, sir, because the man v,'_\s still shooting,
shooting for his point o
All right. Tlo'.v, i^'y t'>u-, v/ay, you 'A'ere naming some
of tiiOse \7ho vere in that crap game. XVao did 7ou
say v/as in that crao game?
A 1 said some of those fellows. Cunningham; '7illle
Sllis; Sina; Ilalsey, Those are ,iust some of them.
C^ Well, about ho\7 many -./ere shooting dice that night.
A Well, v/e v/e-re dov/n on the floor with a blanket, the
regulation blankets we use, and there v/ere a number
of fellows all crov'ded around. I could name more,
but since 1 didn't name those in the statement I
( ave "rcu, 1 didn't name them In the court. Ho"-'ever,
xf yot; -..-ant me to give others who wore In that game,
I can do that.
Q, You were asked under oath to give those names at
the dice game.
A '/h^n I did give the namos I said they v/eru some.
You mean you were holding o\it on t-".e other's that
were in that craj:) game,
A I can give you some :iore names but I don' t know
who all of them are.
Q Well, give those, like your lawyc . asked you to do.
A Well, there ' as Addison George.
Q, V/hy didn't you "lention Addison Geoi'ge awhile ago?
A I just didn't ncr\.e him, sir.
Q, You just didn't name l^.im. All ri.j,ht, go ahead.
A Because I said there v/ns some. It could be the
part I named or the part I left out, that som.e.
f^. All rir I'lt, go a]iead and name some of the others,
A Oh, there v'c.s Jupiter.
1528
Henry Jupiter"? '
A Yes, sir. ' ' j
q All ri^lit, go ahead and tell us v;ho else v;as in that
crap 5ane.
4
t
q Ylhj didn't you mention him awhile eugo? j
A As'^I said, sir; those were some that I named. I
named, I told you, some of them, and if I named |
some, oulte naturally I didn't r;et all of those. j
Those v/ere som.e that ''ere not named.
q You heard Henry Jupiter testify yesterday he was j
in that crap game? ■ ' j
A Yes, sir. ■, , j
q But you didn't name him today? ,, ,.|
A I have named him a lonn; tire ago. ',. , . }
q T^id you name Henry Jupiter to me? . ^ ;,:. .3
A "^o, sir, I didn't \
i
A That's about all I rememloer, •• }
q In other v/ords, you mentioned everybody except you '^
left out Addison Georce and Henry Jupiter. Is that j
it? The others that you mentioned when your counsel ^
asked ^rou were in the game too? .. ,. .j
A Tlaesc fellows viere in the game.. . . '■ ■ -1
j
q Have ^-ou named all of them now? •'
A Well, as I stated, I don't remem^ er all of these men. 'I
But I told you I named some. " . •' ■ ■ i
q Well, '/as Willie Scott there? i
A Oh, yes, sir, V/illie Scott was In the game. ■'
q Yes, Willie Scott was in that game, too, v/asn't he? ^
A Yes, sir. j
q All right. Pow, ha\ -- they all been named? -;,
A I don't know all, .i wouldn't say that all of them ?
have been named, l'.i-. 1 don't knovif. >,
q Well, -.rou have tOEtlfled to the Ccurt in very great ' ?
detail of -'■our every single movement on that night, |
that this riot was in progress, ht.ven't you? :•
A I think so, sir. )
'1!
■'5
Q, You hi'.ve told the court everything that you can ■
think of that you did that evening? ^
A There are some things that evening that weren't asked j^
mo and I didn't name them, sir.
q All right. When 7'ou ■/rote out a statement about
this natter, didn't you say you \.'ere upstaL.^s running
a dice game with soiae soldiers, namely, Jessie
Sims, Willie Ellis, Cvmningham, and Scott?
1529
^
A Yes, slr;'^'hose were some,
q You did not say some at that tine, you said, "nanely"?
A Yes, sir,
q And you did not nentlon Henry Jupiter at that time,
did you?
A No, sir; I didn't name Jupiter,
q. Now, Tou say that someone came inmning up there and
shouted "The Italians have killed one of .our boys"?
A Yes, sir,
Q, And who was that that shouted that?
A I don't know, sir, who that person was.
q "/ell, you ave telllnf^ the Court that did not break
up the crap game then?
A No, sir; that didn't break up the [^r-.ne right then.
The • oys continued to shoot.
For hov/ long?
A Oh, I wouldn't be exact in saying but it could have
been four, five, six, or even up to eight minutes,
q About eight minutes?
A I say it could have been up to.
Defense: I'/ell, why do you want to take the biggest
number he gave you. Counsel?
Trial Judge Advocate; I have got a right to. Coun-
sel,
Defense: 'Tell, I ar.i objecting to that, if the Court
please. He said, foiir, five, six or up to eight minutes,
and Counsel picked out the largest number.
Trial Judge Advocaie: Well, I am sorry. Counsel.
1 did not hear the foiiro But If I had I would have
had the right to ask iiim vhether It was eight or not,
I would have had the i-ig-t to use the larger,
Lavr I'lember; V/ell, the Court knc—s he could have been
playing either four or eight minutes.
Defense: T\xt Counsel comes right back with the
eight minutes.
Trial Judge Advocate: Frankly, I did not hear the
four, but if I had hear xt, I still would have had the
right to ask. v/hether it "'as eight minutes.
q Now, how long ^""'id you say?
\ It could have been anywhere from, '-^etween four, to
five, six, seven, or eight minutes, anwheres between
there,
q Yes. In otlier words, it could '-.avc:. been four minutes,
1530
OP eight minutes •under your testinony?
A Yes, sir; sornewheres between that tine.
Q You are tellins the court sonehody came running up
there and said they have killed one of our hoys
and that that crap game still v;ent on foiijr to
eicht minutes after that?
A Yes, sir, it did.
Q All riglit. What caused the crap s.ame to break up?
Oh, after the fellows continued, - .-I mean after the
fellows shot the dice, they said, "Let's see whatjs
going on out here, let's see what it's all about.
So they began to leave the game.
Q Now, wait a minute. I am asking you now what it
was that caused that crap garae to break up?
Defenses I will submit he is attempting to answer
it; he is attempting to answer it.
Ir-'w Member: Let him go. Major,
Q Will you answer that question?
A Yifell, as I stated, he asked me vrtiat caused the crap
garae to break up.
q, That's ri;4-it.
A Then we heard a v/histle. That is one thing.
1^ All right, go ahead. You heard a whistle,
A Then after we shot dice and the fellov/ missed his point,
then vi/e naturally came down.
Q Oh, you just kept riglit on shooting dice after you
heard the v/histle and after somebody came running up
there and said the Italians had killed one of our
boys; you just kept on shooting dice until somelaody
missed his point?
A Yes, sir. The ran had his money down and was shooting
and it just di in't b_ ^ak up, and tho next thing, we
just didn't believe i:., I mean, I couldn't just be-
lieve it.
Q Well, if you didn't believe it, then v/hy didn't you
keep on shooting dice?
A Vifell, sir, I wouldn't stay there and shoot by my
ownself, I wouldi:i't be getting anything.
Q Oh, you were the only one stayed there?
A I don't know, I couldn't speak for the others.
Q What did the others say to you when they left?
A They just said, "Let's see what's going on," and
walked downstairs.
Q V/as that the only thing that caused the men to leave
1531
that ci'ap game and '30 dovmstalrs?
A Those things I have told you, I thinlc, yes, sir.
Maybe curiosity,
Q There wasn't anything else transpired that caused
that crap game to break up?
A Well, I have told you after the whistle had been
blovm and the fellows were told about the Italians
killing one of our boyr and the whistle being blovm,
and stuff like that, wo3.1 , after the man missed
his point, we walked downstairs.
Q V/hen I asked you about this natter and you wrote
your version of it, is it not a fact v;hat you stated
at that tine v;as the nen in the game continued to
shoot dice until they heard nen running out of the
barracks cursing?
A Yen, sir; fellows were running out of the barracks.
Q, An^. you continued to shoot dice until the fellows
started running out 6f the barracks cursing?
A Well,' the only' thing, after this man nissed his
point', all of us left then and I v\fas the last to
leave, sir,
Q. All right, now. You had heard whistles blown. You
had heard that the Italians had killed one of the
negro soldiers and you had heard men running out
of the barracks cursing. You had heard all of that
bef6re y6u wont dovmstairs, didn't you?
A Yes, sir, I did,
Q All right. What did you do when you got downstairs?
A I got downstairs and I stopped, ,
Q Whet-e did you stop, in the doorv/ay?
A Yes, sir, I did,
Q All right, V/hat did ycv:,'. see as you stood there in |
the doorvmy?
A As I stood there in the doorv/ay I could see groups of
men, fellows crowding all around ovor to ny left,
I could see fellows biulng over,
Q What else' did you see from the position of the doorv/ay?
A One of ny, one of ny ovm soldier'^ 'an down and
asked ne'v/hat v;as going on, j
Q Who was that? ' ^
A Th' t v/as Private Plrft Class John Hamilton, sir,
Q Then what did you say?
A Then what did I say?
Q Yes.-
A Well, I could see men n.llling around and running
around and some r^jon. straight on across that 700 area,
1532 ■
I moan that area b^r moss hall 700,
Q Well, can't you tell whether anybody -.vas lying on
the' ground?
A Yes, sir. There was a fellow over to my loft. A
group of men were crowding around lilm,
Q, Could you tell who that v/as?
A At that time the fellows giving the man's name said
it was Ilontgonery.
Q That is not v/hat I asked you, Gould you. tell v;ho j
the fellow was, that is the question.
Defense: You mean by looking at him,
Q Yes, of course. Could you tell who' he w.qs?
A You could tell if you looked at him, of course, you
covld tell,
Q Did you look at him?
A As I Stated, sir, a lot of men were standing up
close, close up on him. sorab were either using flash-
lights or lights of matches, or something like that,
and it would strike a reflection and I could see part
of his face.
Q You' were standing in the doorway? *4
A Yes, sir, ]
Q How far was he from you? _ "' ij
A Over to my left. ' . ' ' |
Q You have told us throe times it was over to your loft.
A
but I am asking you how far he was from you.
Oh, that wasn't very far from the side v/alk.
Q What distance?
A What distance?
Q Yes, just estimate it.' ■■
A I can show you up Lioi'o, sir.
Q No, you can't show us on the map. Just tell us about
how far it was a.nd ;,o vill measure it if you can 't
estimate it.
Defense: If he can show it on the nap I think
ho has ;:. right to do that.
Law Member: If he can shov/ us on the court room
floor, it is a lot better than any map,
A It seemed to have boon, I imagine, about from here
to the corner of that (indicating;,
Q, Nov:f, will you stand there again?
A Prom about there, , ■ '
15
oij
Q Prom about there?
A To the corner (indicating).
Q To this corner ( Indicating)?
A Yes, sir. It seemed to have been about there.
Q All right. This corner here. We will measure that
later on and there v\fore men crowding all around him,
weren't there?
A There v/ere men crov.'ded around him, it seemed, bent
over; fellows would walk by,
Q About how many men were around hii;.?
A That would be rather hard to say,
Q V/ell, toll us whether it was a small group or a
large group?
A Oh, that was a small group around him.
Q Just a small group?
A Yes, sir,
Q, About hovi; many men v/ero there, as many as ten or fif-
teen?
A Well, sir, that I an unable to state.
Q You arc not able to state that?
A About how many men, I imagine, to bo exact, I could
nc^t give you the exact number, .
Q I didn't ask you for the exact niimber. About how many
were thvire, Virere there as many as ten or fifteen?
A Well, it seemed to have been around, — and I am only
guessing now, it could be more or it could be less
than that, I would say around eight or ten.
Q Around eight or ten?
A Yes, sir. I think that is Just about right,
Q All right. Now, give us the names of any of those
men who were crowded around liontgomory at that time,
A I don't r omen': or, yir, the men,
Q V/ell, now, lot's seo.
A (continuing) I don't think I remem'ccr seeing follows
that crowded around him.
Q You have told us that matches v;ero striick?
A Yes, sir,
Q And yet you cannot tell us the names of anyone who
was standing around him at that time?
A No, sir; I don't recall anyone who was standing
around Montgomery,
Q All right. Now, you, however, remembered that you
saw Montgomery lying on the ground?
A Mcntgomery was on the ground, sir.
1534
Q Was anybody over hin?
A I don't ronenber of seeing nothing but just a part oi
his face, just a little part of his face and that
was the part facing, I moan his head was toward
the barracks.
Q And you can't tell the Court whether anybody was
ovor him, working on him or not?
A That part, sir, I could not say.
Q You couldn't say as to that?
A No, sir.
Q V/ell, there were just eight or ten men around hin,
and yoti could see his face.
A I say I could sec his face whenever those fellows
either shined a light in his face or matches were _
lit, thoy were striking matches pretty close to his
face. That is abotit all.
Q So you cannot give the Court the narae of a single
man who was present around Montgomery when you saw
him lying on the gi'ound?
A No, sir, I can't.
Q Now, were there any men around you as you v/ere stand-
ing in that doorway?
A There were men around mo, because a number of them
stood from the hall all the way to the edge of the
stops.
Q Were you standing in the doorway or were you stand-
ing on the steps?
A I stood on both, sir; both in the doorway and on the
stops at times. Fellows would come by, just push over
to the side and step down on the steps and stop back
in the doorway, and some of them were partly dressed and
didn't want to got too far but, I guess.
Q All rigjat. So that there were some men around you
both in the doorway and on the steps when you wore
standing there?
A Yes, sir,
Q Now, give us the names of some of ohose.
A The names of some of those men?
Q Yos.
A I can't be exact. But I believe, I am not sure, and
I wouldn't sv.'car to It, but I do oclievc that I saw
Australia Bocttner.
Q You believe you saw him?
A Yes, sir; I believe I saw him. I ai.i not sure,
Q Tell the Court about someone you co\ild be positive
that you know,
1535
A There might te a question on the next man, too. ^
q V/e 11, tell me first v/hether you sav; anyone you |
can be positive you saw while you were in the door- J
•■'ay or standing on the steps, of anyone of this
crowd of men that you say was Around you?
A There is one man I believe I sav; in his underwear
standing up, but you say be positive, Well, I
would be afraid to say positive. It is just my
believe that I saw that man standing there.
O^ In other words, you cannot tell the Court under oath
of a single person among the group who were around
you in the doorwa-^ or on the steps while you stood
there that night. A. This man I am speaking of is a
Joe Dlmitri. That is the one I think I saw, but I
can't swear.
(\ Well, will you please answer the question. I asked
37-ou first, 1 knov; you are long on explanation,
but if you will just ansv;or the questions then you can
explain all you ./ant to, '
Defense: I object to that; that is a Vv,ry prejudicial
remark by counsel.
Law Member: That remark "long on explanation," shall
go out . J
i
The Witness: l^at is the question? ]
%
Trial Judge Advocate: Read the question I asked ]
him before he got off on that answer. ^
(Question read back by reporter. ) .
A Well, In ansv/or to that question, sir, while I v/asn't
ooking for any particular person I v/as not trying
;o find out v/ho was there, and I just don't remember.
.L.
(Last Question reread by the reporter. )
1
Q Now, read the question to him for the accond or third
time, Mr Reporter, whatever it is going to be and I
would like to have an answer. !
'-)
A I could tell you of a man whom I know, but he didn't |
stay there, because he just asked me "What is going |
on" and ran on out into the street. 1
Q, You have told us about that man. That is John
Hamilton; that is the one ■^'•ou are talking about,
isn't it?
A I think that is the only one I could be positive about,
I think . .
Q, He didn't stand there long. The group of men you
had reference to when you said you were in the door —
1536
way, and on the steps, he v.as not standing around there,
was he, John Hamilton?
A No, sir; he wasn't standing there.
Q, He ran down tovmrds the Italian area, didn't he?
A He ran up and talked with me first "because
his conversation was, "Vmat is going on"? and, naturally,
I told him, sir.
Q What do you mean, what did you tell him?
A I told him they v;ere fighting down there, meaning
the Italian e.rea.
Q, Then your answer to the question th£t I have asked
you two or tliree tim.es is that you cannot tell the
Court positively of a single man who stood there on
the steps or in the doorway with you, your ansv/er
is, no, that you cannot, that is your answer, isn't
it?
A I think the only one v/ould he John Hamilton, sir.
Q And none other than John Hamilton?
A That I could swear to, I don't think so. Sir, that
was actually standing ri;?:ht there, I mean.
Q All right. You wore not able to toll us of anyone
that was around Willie Montgomery either?
A No, sir; I wasn't.
Q All right. Nov;, you have sworn to this court that
you took this man. Sergeant Farr, and brought him to
safety before John Pinlmey and the other M.P.'s got
there, didn't you?
A Yes, sir.
Q Anu you are very positive of that, aren't you?
A I know so, sir.
Q Yes, you know it is true?
A Yes, sir.
Q - Now, I want to ask you if you did not in a written state-
ment that you made, when you came b»=ick from overseas,
and was placed in the stockade in connection v/ith this
affair, if you did not say that Pinlmey and the M.P.'s
came there first; that you had been yslling at those
men for them to stop and not go into the area, and that
then John Hamilton was coming up the street with a
white American soldier?
A Well, at that time, sir, may I answer that this way?
Q Well, did you or not say that in your statement?
A That I don't remember, sir, but there Is one thing I
would like to tell you.
Q Well, just a momexat.
1557
Law Member; Judt ansv;er the question first.
Defense: He says that he does not remember.
Q Answer that question, first, did you or did you not
say that in your written statement?
A Those things I don't remember, I was trying to give you
everything that I remembered, whether it came in its
order or not. I give you everything I could to help.
I was under a very great strain coming back from the
overseas and I v/as giving this the best I could and I
was given to believe I was going to get a recommendation
from Major Manchester,
Trial Judge Advocate (interposing): How, just a minute.
I object to that and I ask that it be stricken and the witness
instructed to ansv/er the question.
Law Member - It may go out .
Q Now, you were not under any greater strain at that time
than you are at this time, v;ere you?
A Well, sir, that is a matter of opinion.
Q The truth of the matter 5 s, you vjore talked v/ith only
briefly, and were given an opportunity to write your
statement, weren't you?
A I was talked with and brought back to the guard house.
Carried up back again, I think the second time, y/hen I
wrote the statement out.
Q It could have been the first time you wrote it, couldn't
it'.
A I don't remember. But I was trying to give you every-
thing that actually happened.
Q Yes. •
A Whether it came in its right order or not.
Q All right, we will se about that. Now, v/hen did you write
this statement, what was the date?
A I don't recall, sir.
Q Well, give us the approximate date. Well, to refresh
your memory wasn't it on October 2('+-l:?
A Well, I am not sure, sir.
Q Well, it was about that time, wasn't it?
A I would say, roughly, yes, sir.
Q And your explanation noY; of your statement is that you
v;ere just putting anything and everything in there
that came to your mind, but that you did not particular-
ly pay any attention to the order you put it in?
A As I stated to you, sir, I was trying to give you every-
thing that happened.
Q Yes, but you paid no particular attention to the order
15Z8
in which you mentioned those things in that statement?
A I don't recall, I don't think I put it dovm just
like you vsrould, running from one, two, three, on,
or something like that.
Q Yes.
A , But I had it all down there. I know I had it all
dOY/n.
Q All right. You say you v/ere able to distinguish
John Hamilton bringing this soldier up because of
the ambulance light; that is correct, you gave us that
testimony?
A Yes, sir|- because of the ambulance light.
Q, All right. Now, was that the ambulance that came
after Montgomery?
A That v/as the ambulance that came after the jeep had
gone, because there v/as a jeep parked, when it came,
first, and I think that was what carried Kontgoraery
av;ay,
Q Was that the only ambulance that had come up to that
time?
A I think that was the only one. A number of thorn came
later, I know.
Q, Oh, yes, but I am talking about up to that time, it
v/as the only ambulance?
A No, sir; it wasn't the only ambulance that came.
Q I mean the only ambulance that came up to this tlirie
that you saw John Hamilton and the soldier?
A When I saw, I think so. That was tho only one that
I saw during that time, because it was parked directly
in front of our door.
Q And is that the ambulance that took away Willie Mont-
gomery?
A No, sir, I didn't sog no ambulance tako away Willie
Montgomery.
Q No.
A The jeep was the thing that carried him away as I
recall it.
Q Vifho did the ambulance carry off?
A It seemed to have boen Snow, or either this Clarke.
Q Yes. You believe it v/as Clarke, don't you?
A I think so, I think it was Clarke.
Q As a matter of fact, you did not see Sammy Snow at
all that night, did you?
A It seems as though I saw Snow, but when I saw him I
might have b'?en mistakon, or mistaken him for tho
1539
Tho court then at 11^59 was recessed oo reconvene
at 1:30 p.m., same day.
1540
samo man that v/as called Alvin Clarke, because Alvin
was ore of thom almost in front of tho car lights, and ,
he had his hands over the top of his head, and squatted j
do'avn on the curb. I could have seen this other man in '^
tho dark and thought it Y/as Snov/. ,;
Q, As a matter of faOt, you only saw one of them, you .^
did not see tv/o? ]
A I kno\7 about Clarke, and as I said I could have 5
mix d hirn up vrlth Clarke again, and called him |
Sammy Snov;. . . i
Q, Clarke and Sno\; don't look a bit alike, do they? ■*
A No, sir. i
Q One is light, that is Clarke, and tho other one is
dark, Sno\/ is dark? ij
A Yes, sir. 1
Ql And yet you say you sav; one in tho ambulance light?
A Yes, sir.
Q And when you say you nay have mixed them up and thought :;
the man was Snov/,- — !
A (interposing) I said in tho dark ho could have been j
mistaken for him. • _ ^
Q, In your statement you did not say anything about that, t
about Samni;^ Sno\7? '
A ITo, sir. t
Q But you did mention Alvin Clarke?
A Yes, sir.
Trial Judge Advocate: If tho Court is going to recess i
directly, then I don't v/ant to get into this further. .^
Law ^lember: ''/ill you be «/lth him for some time yet? J
Trial Judge Advocate: Yes, sir. • '■■
'■ ■■ \
President^ Tho covirt \;ill recess and reconvene at ,'
1^30 p.m. :\
AFTERNOON SESSION
President: Is the Prosecution ready to proceed?
Trial Jud^e Advocate- Prosecution is ready, sir.
President' Defense ready to proceed?
Dei'ense° Defense is ready, sir.
President" Court v/ill oorne to order.
The roll of accused v/as called by the Assistant Trial
Judge Advocate and all accused were precerit before the
Court.
Trial Judge Advocate: Let the record show that
each of the accused is present, and all nierabers of the
Court as v/ell as the personnel representing the accused
and the personnel roprosontiug the Prosecution arc present.
Sergeant Arthur Hurks resumes the -./itness stand
and testifies further as follov;s2
CROSS EXAIvroiATION
(continuing)
Q,uestioxis by Trial Judge Advocate:
Q Sergeant, you are reminded that you are still under
oath.
A I am, sir.
Q Nov:, v/hile V/lllie Montgomery \/as lying on the street, ^
or in front of Barracks 719, did you hear any negro
soldiers dovm the street?
A Yes, sir, I did.
Q, Vilhat v;ere they doing? ' _ " J
A 1;Vell, milling around as best I could remember, milling
around and running. Breaking sticks.
<l
Q Breaking sticks. Is that v/hat you said, breaking
sticks?
A Yes, sir. All dov/n the road.
Defense: Sroeak up, v/ill you. Sergeant?
A All dovm the road as veil as X remember it, sir. \
i
Q 'Well, your memory is •pretty clear as to v.hat happened
that night?
A Pretty well, sir. •
Q And you know v/here that fence was, the fence on the
side of Building 700, the 578th mess hall?
A Yes, sir. I knov; vfhero that fence is.
■ 1541
Q Did you hear them tear up that fence?
A I don't recall hearing them tearing up that fence,
sir.
Q Did you hear them say anythin£j or ahout anything?
A Well, fellows were shouting, yes, sir.
Q What were they shouting?
A IfVell, I don't recall everything, sir, but I do know
that they was shouting, some of them was standing
up in one place, making a lot of noise.
Q Well, when you could hear the people dov/n the street,
when you heard the breaking of sticks, could you hear
anything that any of them shouted?
A There is one thing, yes, sir. I could hear one thing.
Q All right, what did you hear?
A A lot of men were all out in the street milling around
and the thing that I hoard was, "Let's go," words
in substance to that, something like that.
Q "Let's go."
A That was a long distance from me.
Q And all that you can recall hearing them say was
"Let's go"?
A That is all, sir, that I can recall right nov/.
Q Did you hear any of thorn say, or anyone shout, "Lot's
mob them"?
A No, sir; I didn't hear that statement that I recall,
I don't remember hearing that, sir.
Q Did you hear any of thorn say "Let's get them"?
A I don't recall hearing that either, sir.
Q You don't recall that?
A No, sir; I don't.
Q I will ask you if you did not say in this written state-
ment that wo have boon talking about that you could
hear people all down the street, breaking sticks and
saying "Let's got them"? Did you oi not say that?
A That is in my statement, air. Yes, L.'.r; I said it.
Q All right. Did you or not hear that that night?
A I did hoar that, in words of substance to that effect.
Q Then you hoard something besides "Let's go"?
A Well, in words of substance, sir, that is what I hoard.
That is what I was speaking of when I said, "Let's
go."
^ That is what you were speaking of whon you said
"Let's go"?
A When I heard thorn say "Lot's go."
154
o
16.
Q Did you also hear them say "Let's ret them"?
A I don't recall hearing them say those w>rds ,
Q You don't recall that. All right, now, when you
returned to your barracks after this riot had come
to an end, did any officers come up to the harraclcs?
A Ye s , 3 ir .
Q Do you remomher the rank of those officers?
A Yes, sir.
Q All right, tell ua what their rank was?
A I remember one, sir, being a lieutenant, a second
lieutenant. The other, sir, I remember as being a
I'a j or .
1% All right, now. Were you up when thoy came, or had you
already gone to bed?
A I had gotten in bod, sir.
Q You had gotten in bod and then they camo in, is that
yoi:!"' teiJtlmony?
A They came in, sir,----Yhat was that?
Q, I say your testimony was that you had gone to bed and
then the I.Iajor and the Lieutenant caine in?
A That is what I am answering you right now, yes, sir.
I was in bod when they came in.
Q Had you already fallen asleep?
A No, sir; I wasn't asleep.
Q Well, are you sure that you were in bed when thoy came
in?
A Yes, sir; I remember that.
Q You remember distinctly that you wero in bod when thoy
cam.e in?
A Yus, sir.
Q, All right. Did trie;' ouii.o upstairs?
A Yes, sir, thoy did.
Q And did you listen to v/hat thoy said?
A Yes, sir, I listened to some parts.
Q You listened to soma parts. »Voll, die yo-"!. stay in
bod or got up?
A I got up, sir,
Q To listen to what they had to say?
A Yes, sir; to seo who they were.
Q Well, did you recognize either of thom?
A Yes, sir.
Q Vtfho were thoy? . .-
1543
A I recognissed one man, sir.
Q Who was that?
A Lt« Slstrong.
Q Have you seen the other man in the court room during
this trial? the Major that you referred to?
A What is that, sir?
Q I say, the li^ajor that you referred to that came along
with the Second Lieutenant, have you seen him appear
in this court room as a witness?
A Yes, sir.
Q Then you know who the Major was, too?
A Only, you say then I knov; who he is?
Q Yes.
A I know him, sir, when I see him. - ?•
Q And you saw him in this court room, didn't you?
A Yes, sir.
Q And you heard his name called, didn't you?
A I may have, I imagine I did, sir. .
Q Well, what did you hear his name when it was called in
this court room, what did you hear him called?
A I don't recall the names.
Q You don't recall?
A No, sir.
Q All right. Did the two officers ask any questions
as to how the fight started?
A Yes, sir.
Q Did anyone reply as to how it started?
A Just partly, sir.
Q Did anyone state that he knew how it started?
A Yes, sir; that was the spark.
Q How was it stated he knew how it started?
A This man, oh, the man's name, ---it was Larkin, sir.
Q Luther Larkin?
A Yes, sir.
Q Well, did you tvj to find out what happened?
A I only tried to find out what was all going on there?
Q Well, you had been standing there in that area in front
of 719 while that whole fight was going on down in
the Italian area, hadii't you?
A If you remembered, sir, I Imagine, I may have, while
1544
part of it was going on, before that, when I came
downstairs.
Q All right.
A And that part v/hich went on in front of our building,
I mean, before I came down, is what I wanted to
know about.
Q But you knev/ that there had been h. fight going on
with the Italian boys, didn't you?
A By the time I had gotten upstairs, sir, or Y/here?
Q Oh, yes, by the time you had gone back upstairs up
to bed?
A Yes, sir.
Q As a matter of fact, you knew that shortly after you
went downstairs, after the crap game?
A Yes, sir.
Q In fact, you testified that you told somebody who in-
quired as to vmat was going on that there was a fight
in the Italian area between your boys, between the
Italian boys and ?;ith the negro soldiers, that is
correct, isn't it?
A Yes, sir, I told a man.
Q But when these officers came up there you then tried
to find out what happened, didn't you?
A Well, that is just, just read that sentence over
again, sir.
Q I say, afterY/ard, when the officers came up there,
this Major and Second Lieutenant, didn't you ask
someone v/hat happened?
A After I tried to find ovX which happened?
Q Yes.
A Well, v;hat are you referring to, what happened in the
Italian area, or what happened on the outside of our
barracks?
Q Either place?
A In front of our barracks.
Q, Did you ask any questions, did you ask anyone at that
time any questions as to what had happened?
A Yes, sir.
Q All right. What did you ask?
A I just asked what happened.
Q 'vVell, v/hat did you have in mind when you asked what
happened?
A About the first beginning of this fight, sir.
(J And the first time you asked that question was after
you had already gone to bed?
1545
A After I had gone back, sir.
Q You did not ask what happened v/hen you saw Willie
Montgomery lying down there in front of barracks
719?
A Sir, I didn't have to ask.
Q, You knev/?
A Everyone was making a lot of statements and you could
hesr at that time from what they -ths saying what
Q Well, why did you ask what happened then after you
went back up to bed, if you knew?
A I wanted to loiow what happened before I came down
there.
Q Didn't you say you knev\r when you got down there from
statements that were made while yon were looking at
Willie Montgomery, that you laiev/ what happened?
A Yes, sir.
Q Well, I asked you again, and I will ask you again
what you mean, then, by saying, you asked v;hat
happened after you got back to bed, what did you do
that for?
A Sir, I wanted to know in detail tho things which happen-
ed.
Q All right, then, you did not find out v/hat happened
when you v;ere standing in the doorway or at that time
while Willie Montgomery was out in front of 719?
A Yes, sir.
Q You did not?
A You asked m.e a question about, did I find out. 'lAfell,
I knev7 that there was a man laying there, and fellows
was talking. N8tt\rally, sir, I heard that he had
got hurt or hit .
Q And that Is all that you asked at that time?
A What time, sir?
Q At the time you were standing in tho door?my, when
Willie Montgomery was do"im on the ■^:.:.;-'.vand?
A I did not have to ask anyone, sir. They was just say-
ing about what had happened. I mean, these people
pertaining to that fellow on the ground.
Q Well, what did you learn at fliat tine had happened
to the fellow on the ground?
A I learned that he had been knocked down.
Q By v/hom?
A By Italians, that is what v;as said. '
Q All right. Did you learn anything else at that tine?
1546
A Not as I recall, sir.
Q Well, you learned that that is the reason the men
were going down into the Italian area, didn't you?
A They were going, yes, sir.
Q And you knev/ that they were going because that
man had gotten knocked out, didn't you?
A They were going down there, sir, I presume that is
right, what you said.
Q Well, I am trying to find out from you what was
in your mind at that time. You said that you sav/
Willie I'lontgomery lying there on the gro\ind and that
you learned at that time that he. had been knocked out
by an Italian, and you also told us at that time you
saw men going toward the Italian area. Did you at that
time conclude that the men were goln.3 into the Italian
area because an Italian had knocked out Willie Mont-
gomery?
A I don't think I understand your question quite clearly,
sir.
Trial Judge Advocate: Please read the question to
him, Mr. Stoddard.
(Last question read back.)
Law Member: How, 1 think. Sergeant, that is a very
clear question. How, v;e will have him read it again
and you pay close attention to it.
-■'' The Witness: Yes, sir.
(Last question reread by the reporter)
A Well, sir, I would say that was my conclusion, sirj
with very little think5_rg.
Q, All right. Then what do you mean when you were up
in your barracks after you had gone to bed and these
, officers came in and you asked the question, "What
happened?"
A You say, what did I mean, sir?
ft Yes.
A I was mean that I wanted to find out definitely
what happened before I got down there. Now, how
was he hit? Vl/ho all were there, that is what I was
trying to find out.
ft That is what you were trying to find out?
A Yes, sir.
ft And at the time you asked the question, "What happen-
ed" you already knew that Willie Montgomery had been
hit by an Italian boyj had been knocked out; and you
1547
had already concluded that the nogrc soldiers
\";cnt dovm to the Italian area for that purpose?
A I guess they y/ere coi^^G there for that purpose, sir.
Law Member: Keep your voice up. Sergeant,
The Witness: I say I guess they viovo going there for
that purpose.'
Q It v/as not a guess, v.'cs it, Serr;eant'?
\A You asked mo axid I guess I concluded they v/cre going
there because liontgomory had been hit? Isn't that
right?
% Well, now, the question -to-s this: at the time you
then asked the qu.:-stion as to Ahat happened, after
these two officers came in there, you at that time
already Imev.- that r/illie Montgomery had been struck
by an Italian soldier, had been Imoclced out, and you
at that time had already concluded that the negro
soldiers had gone to the Italian area for the purpose
of attacking the Italian soldiers?
Defense: Well, that nuostion Is duplicitous, if it please
the Court. There are ideally two questions in one. I could
not answer that question in-'-nolf .
Lav; Member: Objection overruled,
Well, maybe the witness can do better. Now, will you
answer that question?
A Well, wanting to know, sir, and curious about the thing,
that could be my only reason for askin;j this question,
sir,
And that is your ans'/er?
A Yes, sir.
0„ All right, I'.ho re'-li.-.d to that question of what happen-
ed, who gave the ans'er to it?
A ' \jhen I asked that qv.r^stion Larkin gave me an answer,
Q Luther Larkin gave you an answer?
A Yes, sir; that is as near as I can remember,
Q 'Vhat did he sa-j?
A And the way that he ansr/ered this question he must have
undoubtedly !~een thinking about it.
Q I am asking you that you Just tell us what his answer
was,
A He just said, "Where was I?"
q IVhat did he say? " , •
A "Man, where were you?"
Q He said, "Kan, where were you"?
A Well, in that, or \/ords or substr.nce, I guess. "'Vhere
1548
was I?"
Q, What did you say?
A I don't recall saying anything else,
Q, You don't reraember answering to that?
A No, sir; I don't remembor.
q Well, didn't you tell him that you were busy helping
the M.P. 's?
A I might have stated that, sir. I guess I did, but I
don't recall it right now, saying that I was helping
the If. P. 's.
Q, Or did 70U toll him, ''I was right here," meaning in
your barracks?
A I don't recall that, either, sir. Gould be, I don't
recall.
Q, I vjill ask you to take a look at this statement that
I am going to pass to you, I will have it marked
Prosecution Exhibit 46 for identification.
The document above referred to was marked Prosecution
Sxhibit A.6 for identification.
Q, (continuing) Before I pass this statement to you,
Sergeant, there is ona question I vvant to ask you.
Is there anything in the testimony you gave this morn-
ing before the court recessed for lunch that you want
to change?
A That I want to change?
Q Yes.
A I don't remember of that, sir.
Q, There is nothing that you care to change in the testimony
that you gave this morning?
Defense: That is wi'iat he said, Counsel.
A I don't remeraber, sir.
Q, Well, I believe, so there will be ao mistake about
it, your testimony was this mornin. , that you saw
John Hamilton with this American s.ildier whom you
say vms Sergeant Farr?
A Yes, sir.
Q, That was before John Pinkney and the M.P.'s arrived?
A Yes, sir. I did see that.
Q, And you are positive of that?
A Yes, sir. But in v riting my statement and giving
it to you, I tried to give you everthing that
happened. I said, that I probably did not have it
directly in order, as it came or happened, but I
15^9
thought I had it all, that I vyrrote it all down as
I remembered it. I told you In the condition I was, — -
Q, (interposing) As a matter of fact, you were very
careful in your statement to get it written in the
very order it happened, weren't you?
A I v/as trying to, but under those conditions it seemed
very funny. It just seemed very funny,
Q It seemed very fvmny to you?
A Yes, sir, - . ]
Q The matter of your writing out what you remembered
about this incident seemed very funny to you?
A I was speaking about the conditions, sir. Coming
back all the way from overseas without escort or
guard of any kind and then being put in the guard
house and charged with something which I tried to
stop, prevent. Being promised things. Well, it
all was changed v;hon I got back, sir,
(^ As a raattor of fact, before you v/rote out this state-
ment you wore told that you were implicated in this
matter, weren't you?
A Yes.
Q Yoa wore not laboring under any belief that people
considered you innocent at that time?
A I was very disturbed, sir, and I was upset about
implicated in something v/hich I know that I tried to
help stop,
Q All right. And you were trying very hard at the
time that you wrote this statement to convince those
who wore investigating the matter that v/ere innocent.
A It was not a matter , ---well, no, sir,
Q Well, weren't you trying to help yourself all you
could v;ith the testi:::o-'i7 that you rave at that time?
A I was trying to give you the things as I remembered
them,
Q Yes, and you gave thoTn truthfully, didn't you?
A Yes, sir, to the best of my knowledge I did, sir,
Q Yes, to the best of your knowledge,
A \'Vhether they came in order or just the things that
actually happened,
Q \Yhen you write out a story about a matter or \7hon you
toll a version of an incident, don't you give it in
the .order in which the events happened?
A Sir, this is my first tine over v/riting stories or
matters that jov. arv talking about. That is some-
thing now,
Q Yes, Is it the natural thing for you to toll some-
thing no matter what it is, in the order of events,
or not?
&
Defonso: Hot., just a minute, if tliG Court please.
He has testified that this is the first time he ever did
this, so there could not be any natural custom for him.
Trial Judr^o Advocate: I was asking when ho did do
it.
Defense: IIo ans^vorod the last question, he said he
had never v;ritton or told anything siinllai- to this.
Trial Judgo Advocate: That question v/as framed
deliberately from the standpoint of tellinf^ things and
not from the standpoint of r;riting, bocaus o ho liad said
he had not v/rltton before. Would you ;alnd reading tho
question, l/Ir. Reporter? I thinlc you could get it more
clearly in your riind.
(Last question read b:T.ck)
Lc.vj Member: I have not hoard any elijectlon,
A It is, sir.
Q, All right. Now, you have boon lackln^; just a few \7oeks
of going through hl^3Jl school?
A Yes, sir,
Q Well, you did .a lot of oomposition v/ork v/hon you woro
in higli school?
A Yes, sir, I did.
Q And did you do that composition r/ork by setting things
out in tho order of events or would you skip about
and change tho order?
A I probably did, sir. Maybe that accounts for some
reason why I didn't make very good marks at times in
English.
Q I see, you wouldn't .' such very good marks in
English.
A Yes, sir, at times, - .
Q And that --as duo to the fact that you lacked tho
facility of -.'rlting things in tho order of events?
Defense: If th:t Court please, ho c'.id not say that.
Trial Judge Advocate: Y;cll, he ic Iraplying it.
D^.fense; V/ell, if you know, go ahead and tell him.
A I don't know.
Q, You just don't know that?
A No, sir.
1551
Q All ri.n^t, Well, toll mo, was thore any particular
reason why you v;ould. writo this statement without
tolling it in the correct order in \7hich the events
occurred?
A You want to know v/oro there reasons?
Q Yes, sir; wa;; there any reason, particularly?
A Yes, sir; there was.
Q All right, toll us the reason?
A Woll, I don't know, if the Court would like to hoar
it. But It is a little long, I think. I will,
though.
Law Member: Well, make sure ho understands the
question*
Q All right. ITovr, lot us see if you understand v/hat
I am talking about. Vtoat I mean is, did you have
some P'Oi'-ticulai" purpose in mind when you wrote this
statement v.lthout sotting it up in the correct order
of events; did you have any particular purpose in
mind at the time you did that?
A N", sir; I don't think I had any particular thing in
mind.
Q Woll, if you did not v/rite it up in the order of events,
then it was just accidentally done that way?
A As I stated to you, that I was very much upset,
Q, (interposing) Oh, yes, you have told us that throo
or four times, now. We understand that thoroughly.
A And if I didn't get it down, sir, the v;ay it actually
happened, that was the reason.
Q Then that was the reason?
A Yes, sir.
Q All right. You tak^ a look at this nov/ and read it
and SCO if that is not the statement you wrote?
A (Perusing docui.iont).
Q (continuing) That statement is or not your ov/n hand-
writing? •
A Yes, sir.
Q And that is a statement you wrote at that time?
A Yes, sir.
Trial Judge Advocate: I will now offer it in ovldcncG.
Defense: I would like to read it first.
Lav/ Member: Are there any other names in there?
Trial Judge Advocate: Yes, sir, there are, but I think
1552
thoy havo all como out in tho ovidoncG, Yes, sir; they
have. ThoTG Is nothing in thoro that has not como out.
Tho Witness: Colonol, in this statenont,
Trial Judgo Advocate (interposing)? Wait a rainuto*
Lot us pormit your- counsel to finish pcadin^3 it first.
The Witness: Thoro is nothing wront^, sir. I just
wanted to sho?/ you,
Dofonso: llo objection.
Law Momhcr: Tho Ilurks' statement v/ill be received
in evidence as Prosecution Exhibit Ho 46. Nov/, I undor-
stand thoro are names in there, but they have already
come out in the testimony?
Trial Judgo Advocate: That is riglit.
Dcfonse: I don't thl2ik there are any names in thoro
that are objectionable.
Law Member: At any rate the statement is rcceivod
as binding only upon Hurks, not upon any other of tho
accused.
Tho docuncnt previously marked ProGocution Exhibit 46
is received in evidence,
(Prosecution Exhibit 46 is read to tho Court by tho
Trial Judgo Advocate.)
Q How, Sergeant, you said something this morning about
romomboring Jessie Sims very well?
A Yes, sir.
Q, I will ask you if it is not a fact that you remember
Josslc Sims so well because ho appeared hero in
Court as a v/itnjsr .'.nv" said that you led a group of
men to the Italian a.' m?
A That is not tl:,: roac.o:.i, sir.
Q That isn't the reason?
A No, sir.
Q That helped you remember him, though, didn't it?
A I have a definite reason for reraemboring Jossie Sims.
Q You heard Jessie Sims testify that you led a group
of men to the Italian area and that ho was in that
group?
A Yes, sir, I heard him testify to that,
q. That is xantrue?
A Yes, sir; that is if it pertains to mo,
Q IIow long havo you knov/n Willlcj Ellis?
1553
A I have knovm Willio Ellis slnco in Houston, Texas*
Q Did you know him boforo you wont into the Service?
A Yes, sir; I did.
Q How lont^ did 7/ou know him before you wont into the
Se:'^vice?
A Oh, I couldn't estimate the time, but I know I know
him befoPG vjq wont in the service.
•Q' Where did Willio Ellis live in Houston?
A I don't know, sir, where he lived*
Q Do you knov; what part of town ho lives in?
A I^know where he used to be, or where I used to soe
him, but I don't know what part of tovm ho lives in,
Q, Did you go to school v/lth Willie Ellis?
A Ho started in my school and quit there,' and then wont
to another school in another ward,
Q What ward did you attend school in there*?
A In the third ward, sir,
Q And you knew Willio for awhile thon, v/hen he was in
school, about the same time you were"?
A Yes, sir, I did.
Q And how long did you and Willie serve in the same
company?
A We served in tlxe same Company since activation, sir.
^ Now, you hoard Willie Ellis say that he saw you
walkin- tlirough the orderly room v/ith a club in your
hand? "^
A Ye;., sir, I did hoar him.
Q And, that, of coxxrs.:, is untrue?
A Yos, sir; that is untrue.
Trial Judge Advocatr.: Prosecution has no further
questions,
.lEDIRSCT EXALIINaTION
Questions by Dofcnso:
Q Sergeant, tell the Court a little bit about ^4iat
Col. Jaworski ask-^d you about knowin;^ Willl^ Ellis
beforehand, just toll the Court what the situation
was, how you know him?
^ I TuX^"^ ^S^°''' School which was in the third ward,
and WUlio Ellis wont to the Whoatloy High, in the
fifth ward. And those two schools arc always
rivals, especially when It comes to any sports, and
oxpecially football. I played on the football 'teSm
for Yates High School, and, naturally, I took up every-
1554
thing that had to do v/ith Yatos' High School, if
an/thing v/as said about Yates Pligh School, or If
anybody had any statements about Yates, and
naturally he took up for the V/heatloy High School
If thoro was anything about that said.
Q How would those football games always wind up?
A Yes, sir, regardless of who would win, there was
always going to be a fig^ht, regardless of what happen-
ed. If V/hoatloy won, they was going to have a fight
v/lth Yatos, and If Yatos won they wore going to have
to settle with the Wheatloy students.
Q In response to one of Col, Jaworsl:i's questions, you
said you had a reason for remembering Jessie Sims.
Will you tell the Court what your reason was for
remembering Jessie Sims?
Trial Judge Advocate : I went into that this morning.
Law Member: You may answer the question.
A I remember Jessie Sims definitely, because he alv/ays
kept up a fuss, and arguing about losing his money.
He said we was robbing him without a pistol sometimes
and if he had a man faded and a man would roll the
dice out on him, and soraotimcs if he had a number and
v.'ould roll seven, ho would lose his money and ho v/ould
■ start a big argument about that.
Trial Judge Advocate: Wore you robbing him without
a pistol?
The Witness: No, sir; it was just his luck.
Trial Judge Advocate: It v/as just his luck to be
shooting dice with you?
The witness: Just his luck, sir.
Defense: I think that's all.
Ri.CROSS liXAKIIlATIOll
Questions by Trial Judge Advocate:
Q You wore talking about playing football v/lth V7illlo
Ellis is that right, an another scl''ool. Are you
tolling this court thiit is the reason for Willie Ellis
trying to place you in the orderly room?
A I am not giving you any reason for him telling that,
but I am giving you the reason for our high school
arguments.
1^ That is right. You arc just giving the reason. You
don't knov/ of any reason that you can assign to this
Court why Willlo Sills placed you in that orderly room
1555
ife.^
v/lth a club in your hand?
A Only bollGf , sir.
Q But you have no reason that you know of, no fact you
could mention to this court?
A I know of no fact, sir, but only to these things I
told you.
Trial Judge Advocate: That Is all.
Defense; llo other questions.
EXAMINATION BY THE COURT
Questions by Law Member:
Q Sergeant, you say that you saw Hamilton with Sergeant
Parr, and that you recognized him because of lights
from an ambulance?
A Yes, sir.
Q That ambulance was parked, was it not, in the neighbor-
hood of Barracks 719?
A In front of 719, sir.
Q Nov;, there has been some evidence here that Parr sus-
tained some rather sovero injuries that night. Did
you notice that ho was bleeding?
A No, sir; he never showed any signs of bleeding. He
had on, it v/as either a fatigue jacket or a field
jacket, whatever it was and it was open.
Ql You didn't see any blood though?
A No, sir: no blood.
Q Did Hamilton have him by the arm?
A Hamilton had him by his right arm when he v/as coming
Q And was it around Par..'' or had just taken hold of
Parr by the arm?
A It soems to have boon around by the elbow.
Q Now, Hamilton told you to got him out of the area,
wasn't that it?
A To take him on to the top of the hill so he would
bo out av;ay from there.
Q Ylhj didn't you put hin in the ambulance?
A I didn't seo no reason, sir. I didn't see anything,
I was only undcx' the impression ho was down thore
visiting.
Q You assumed, didn't you, that the ambulance was going
out of the area?
A Sir? Oh, yes, I assumed it was goin;? to b3 leaving,
but I didn't know v;hon, sir.
1556
Q, Did you see Montgomery taicen away in a jeep?
A Yes, sir; Montgomery was carried away in a jeep, sir.
Q Now, this morning you testified that you had the talk
with Staff Sergeant Martin?
A Yes, sir.
Q Before you had your talk with Ha. llton?
A That wtst; v;hore 1 went back to explain.
q, Yes, I know that now. But when you first testified
you said that you had talked to Sergeant Aubry, and
Staff Sergeant Martin?
A Yes, sir.
Q Before you had the talk with Hamilton?
A Yes, sir. •
^ Now, that was the same as this statement that was
offered in evidence, wasn't it?
A I think so, yes, sir.
Q, And at the time you wrote out your sta-oement you said
you wore much concGrned about being accused?
A Yes, sir.
Q Then after you had finished your direct testimony, then,
you were asked to correct it, or you asked to correct
it, so that you claim now, you had the talk v;/i th
Hamilton before you talked to Sergeant Aubry and
Staff Sergeant Martin.
A Yes, sir; that is correct.
Q In other v;ords, you claim now you talked with the two
Sergeants after you came back from delivering Farr up
the hill?
A Yes, sir.
f^ V/ell, you didn't notica in any way that Sergeant Farr
had been injured?
A No, I really didn't, sir.
Q Didn't see that there was any blood?
A I didn't see any blood, sir.
Q Did you see Willie Montgomery later that night on his
bunk?
A Well, yes, sir; I just glanced down the hall from the
door that leads in from the hall.
Law Member: That is all.
President: Any f'ortiier questions by any members of the
Court?
1557
Lt. Col. Stocher: Yes, I have a qaention.
Questions by Lt Col Stecher:
Q Sergeant Hurks, how long have you been a Sergeant?
A I have been a Sergeant, sir, since Juno, some time
in Juno.
Q, Vifhate grade, do you knov; what grade did Hamilton
hold on the H of August?
A Hamilton?
Q Be you know what grade he held at that time?
A Hamilton at that time was a PFC.
Q, Sergeant, is it a usual thing, or is it an unusual thing,
for a PFC to toll a Sergeant to do a certain thing,
and for the Sergeant to do it?
A Well, in that way, sir, it is unusual, but I didn't
think so. I was looking at the man.
President: Any further questions?
Questions by Maj MacLennan:
Q As I recall your testimony, you said that the ambulance
was there and the light shining on Hamilton and
this Sergeant?
A Yos, sir.
Q That cane up there?
A Yes, sir.
Q And it was right in front of 719 that Hamilton asked
you to take the Sergeant up the hill where it was
safe?
A Yes, sir.
Q What was unsafe about in front of 719 at that time?
A I imagine it was all due to the fellows who was all
up and down the street, in front of 719.
Q, There was no fighting down there?
A No, sir; no fighting going on.
Q Did that occur to you at that time as being necessary
to take him out of that area?
A Yes, sir; I did.
Q, What was the reason you thought it was necessary to
take him out of there?
A I felt since there had been fighting or a man hurt,
it might have buen still in the atmosphere of those
still around there to be angry so I carried him all
the way.
Q, Who was driving this ambulance; do you knovj?
A No , si r ; I don ' t know .
Q Was it a colored soldier?
A . I didn't see the driver.
Q, Now, that was after Montgomery had been taken away?
A Yus.
Q, In a jeep or in some other vehicle?
A Yes, sir.
Q, Did you consider at the time whether it vms a necessary
or an unnecessary thing to take this Sergeant up on
the hill?
A No, sir; I thought it vms necessary; that is the way
I looked at it.
Q, How long did you stop there and talk to Hamilton and
this Sergeant" before you started off with Ser^ioant Farr.
A V/ell, the two men never started walked. Jhen I
walked up to him ho told me that, and then I got
on the Sergeant's left side, and got him by the el-
bow, and v;e walked all the way,
Q, Hamilton dropped off, then?
A Yes, sir.
Q, Did he say he was going anywhere?
A No, sir; he didn't aiy he was going anyv/here when he
did drop off, sir.
Major MacLennan: I believe that is all, thank you.
Questions by Maj Crocker:
Q, Just one question. Sergeant, when you were playing
dice, Cunningham and George wore in the game with
you?
A Yes, sir; those fellows were.
Q, IVere they in the game when the whistle first blew?
A Yes, sir.
Q, When you hoard somebody say that an Italian had knocked
out one of your men, did that voice cone from down-
stairs or was that on the second floor of the barracks?
A That was not on the second floor. It came fro^m down-
stairs, I v;ould say, because I h?id ::y back turned to
the door, I mean, to the steps as you go down.
Q, Did you see anybody come upstairs and say anything
about any trouble?
A No, sir; I didn't see anybody come up. Everything
you could hear, sir, was from downstairs.
RECROSS EXAMINATION
Questions by Trial Judge Advocate:
Q Just another question or two, if it please the Court.
Vtfhere is John Hamilton from?
1559
A John Harailton is from Houston, Texas.
Q How long have you known him?
A Since being in the Array.
Q Are you sure you did not know John Hamilton before »
you wont in the Army? 4
i
A No, sir; I d idn't. i
Q Now, did John Hamilton go with you when' this American I
soldier whom you said was Sergeant Parr, was taken
to safety, or did you go alono?
A Vifell, v;o both talked, and he dropped off, and I con*- .||
tinuod to carry this man on up the hill, ]
Q You walked together just a short distance? j
A Yes, sir. |
I
.\
Q And then you took the man you say was Sergeant Parr \
up the Hill? . j
A Yes, sir, |
Q Where did John Hamilton go? j
A I don't knov/, sir. \
Q John Hamilton did not return to the barracks with you,
did he?
A After,
I
Q After you took Sergeant Parr on? |
A No, sir; I didn't see John Hamilton. I
Trial Judge Advocate: I think that in all, j
EXAMINATION BY THE COURT
Questions by Law Member: |
\
Q You say you carried Pr-rr up the hill. You mean, you "^
helped him walk up the hill? j
A No, sir; I didn't carry him, I sort of held him by
the elbow, ' ;]
I
Q Did you' have to help him?
A No, sir, I didn't have to help hiir.. He seemed to
be all right, as far as I could tell.
Law Member: That is all.
Defense: It is just an expression. Colonel,
Prjsident: Any further questions? V/itnoss is ex-
cused.
Witness excused,
1560
Defense: If the Court please, at this time wc are
going to put in soino unsworn statements.
Law Mombor: At this time?
Defense: Yes,
Private First Glass John L Hamilton steps before
the Court,
La-.' Member: Hamilton, it is my duty to advise you
of certain rights which you have in a military court
martial. You have the right to take the oath and take
the witness stand and testify and tell your story the
same as any other witness. But, if you are so sv/orn
as a witness you may be cross-examined by both the
Trial Judge Advocate and members of the Court,
Or, you may make an \insT/Orn statement, and if you
do make and unsworn statement, while it is not strictly
evidence, it will bo given such consideration as the
members of the Court see fit. And vou cannot be cross-
examined on any matters contained therein.
Or, you may elect to remain absolutely?- silent and in
such an event, if you do remain silent, that cannot be
taken into consideration by either the Trial Judge
Advocate in his final summing up to the Court, or by the
' members of the Court in determining your guilt or inno-
cence. Now, do you understand, those instructions?
The Accused: Yes, sir.
Law Member: Have you talked it over with Major
Seeks?
The Accused: Yes, sir.
Law Mombor: And v/hat do you desire to do?
The Accused: I doci.-'e to make an unsworn statement,
sir.
Defense: That unsworn statement has been reduced
to writing and it will be road.
Law Member: That has been read to you, Hamilton?
The Accused: Yes, sir.
Law Member: And you desire it to be read?
The Accused: Yes, sir.
Defense: You have no objection to his returning and
sitting down?
Law Member: No,
1561
'Trial Judge Advocate: I Imagine before these arc j
read, we ought to examine of those first, before they
are read. There might be something in there, and they
might be all right. • i
Lav/ Member: Of course, any statement made in an ' |
unsv/orn statement about any other accused are not binding J
on those accused.
Defense: Would the court like those put in as i
exhibits, marked? ,!
Trial Judge Advocate: They are not evidence.
Defense: I know, it is just a question of marking
them to keep the record straight. I don't care how they |
are put in, J
Law Member: I think they should be read, i
Trial Judge Advocate: Read, yes. |
Lav/ Member: And there ought to be some v/ay of I
Identifying them, I
Trial Judge Advocate: 'How about using identification
marks of unsv/orn statements, 1, 2, 3, and so forth? i
Law Member: Well, that will get us all balled up, then,
v;hen the reviov/ers go to read this,
I
Trial Judge Advocate: Well, I don't care hovr it Is
done. Go ahead.
Lav/ Member: Well, we v/111 give them exhibit numbers.
The statement of Hamilton v/ill be Defense Exhibit M,
They will bo received.
The document above referred to was marked and received
in evidence as Defense Exhibit M, 4
(Defense exhibit M v/as read to the Court by Assistant I
Defense Counsel,) J
Private Robert Sander^s stops forv/ard before the Court, I
Lav; Member: Sanders, it is my duty to explain to
you that you have certain rights as an accused in a military
court martial. First, you may be sworn as a v/itness like I
any other witness and give testimony lender oath. Your |
testimony is then a part of the evidence and v/ill be con- ^
sidorod by the Court as sach. You will then be subject j
to cross-examination like any' other witness, by both |
the Prosecution and the Court,' or you have the alternative *
of making an unsworn statement, which may be a denial |
or in extenuation of the offense charged. This unsworn
statement can be in writing or made orally cither by yoiir-
1562
self or your counsel. Such unsv/orn statement is
not evidence strictly and you cannot be cross-exanined
on it by- the nembors of the court by the Trial Judge
Advocate, but it v;ill be given such weight and con-
sideration by the Court as they see fit. Finally,
you inay maku no statement, either sv/orn or unsv/orn
and in such event the Trial Judge Advocate cannot
coriincnt at all in Viis summation of the case, and the
members of the Court co.nnot take it into consideration
in their consideration of the case, as to your guilt
or innocence. Do you understand what I have told
you?
Tho accused: Yes, sir.
Lav; Member: Have you prepared an unsworn statement in
vn?lting?
Tho Accused: I have, yes, sir.
Law Member: And do :ou wish your counacl to submit
that?
The Accused: Yes, sir, .
Trial Judge Advocate; May I look at it?
Law Merabjr: You may return and sit dovm.
The Accused: Thank you, .
Defense: Hero, Counsel,
Trial Judge Advocate: All right, go ahead.
Law Member: The unsworn statement of Robert Sanders
is received in evidence as Defense Exhibit H.
Tho document above rex'crrcd to vms marked and received
in evidence as Defense Exhibit IT.
(Defense Exhibit II ^ead to the Court by the Assistant
Defense Counsel. )
Private James C Chandler steps forward before the
Court,
Law Member: Chandler, as an accused in a Military
Court Martial you have certain rights and it ia my duty
to explain those rights to you. You may be sworn as a
witness like any other witnoss and givu testimony vindcr
oath. Your testimony is then a part of the evidence and
will be considered as such by the Court, You v/ill then
be sublbct to cross examination, just like any other
v/itness, by both the Prosecution and by the member ff of the
Court if they see fit.
Or. you ma^- make an unsworn statement in denial -
explanakon or extenuation of the offense charged, Thi;
unsworn statement can be made orally or in writing, and
1563
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict' sense of the word
and you cannot be cross-examined theron, but the members
of the court will give such consideration to it as they
see fit.
Lastly, you may elect to remain absolutely silent
and making no statement, either sworn or unsv/orn. If you
so elect, the Trial Judge Advocate can make' no comment
thereon in his final sumraation to the Court, nor can the
members of the Court take it in to consideration when they
go to finally deliberate on your innocence or guilt. Do
you understand those in struct ions?
The Accused: Yes, sir.
Law Member: Havc^you talked it over with Major Beeks?
The Accused: Yes, Sir,
Law Member: Have you decided what you want to do?
The Accused: Submit an unsworn statement.
Law Member: Submit and unsworn statement?
The Accused: Yes, sir.
Law Member: And has that been prepared in writing?
The Accused: Yes, sir.
Law Member: And signed by you?
The Accused: Yes, sir. i
Law Member: That is all. You may sit down. The
unsworn statement of the Accused James Chandler, will be
marked and received in evidence as Defense Exhibit 0.
The document above referred to was marked and received
in evidence as Defense ExhibltO.
Trial Judge Advocate: I am going to object to part
of this statement v;hich contains argument which is ex-
pressly forbidden by provisions of the Manual,
Law Member: I know it is forbidden by the Manual.
May I see that part?
Trial Judge Advocate: Yes,
(Lav; Member perusing document.) It is argxament, par
of the sentence is all right.
Defense: Well, I want the record to shov/ what
he is offering is an unsworn statement. If the Court wants
1564
to keep any portion of that out, I want the record to
show what v/o have offered. That part of the
sentence, —
Law Member: The last sentence in the next to the
last sentence goes out, "I couldn't have had both,"
That goes out.
Defense: I will agree that that is argument.
Law Member: That Is the Chandler Unsworn Statement,.
Defense Exhibit 0, nov/.
Defense: Is that being taken out by interlineation;
is it satisfactory to you that it just bo stricken out?
Trial Judge Advocate: Yes*
Assistant Defense Counsel} I am not going to read
It,
Trial Judge Advocate: That is all right, just
strike it out,
■ (Defense Exliiblt is read to the Court by the
Assistant Defense Counsel* )
Law Member: It socns to me that that str.tement
putting Ceasor in the area should be taken out of that
statement because' it certainly is not binding on Ccaser,
Defense: Well, there will bo another one here from
Ceasor, I don't think thero is anything prejudicial in
that. V;hy don't you reserve your ruling on that until you
hear Ceasar's statement?
Law Member: The court understands that any names
mentioned in these unsworn statements are not binding
upon anybody except the ;:;-'C-'.'?on making the statement.
Defense: Doer the c?- "t want to take a 15-minutc
rocess?
President: Court wil? take its 15-minute recess at
thi s time ,
At this point a 15-minutc recess v;as taken after
which proceedings wore resumed as follows:
"President: Is the prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir.
President: Defense ready to proceed?
Defense: Will the court excuse me for just one
moment? Defense is ready, sir,
1565
President: Court will come to order.
Trial Judge Advocate: The record may show that each
of the accused are present; that all members of the court
are present, that the personnel representing the accused
as well as the personnel representing the Prosecution are
also present.
Law Member: Major Beeks, did you have something
to say relative to the Chandler statement? I called
your attention to the fact that it named a co-accused?
Defense: Yes. The Court mentioned before the
recess something about the accused Ceaser. I think I
mentioned that the ruling at that time that the ruling
be reserved. I was under the impression at that time
that Ceaser will make an unsworn statement, but I am not
correct in that. Ceaser will remain silent.
Law Member: If you are going to put in any more
statements, I believe the names of co-accused should be
deleted. I think that the names should be deleted be
cause they are not binding upon anyone except the one
makin^^ the unsworn statement. In the statement which
has been received, that io the Chandler Statement,
Defense Exhibit 0, the court has instructed that any
mention therein cannot be held binding upon Ceaser or
evidence of his having been in tho Italian area.
Defense: I think the Law Member can properly in-
struct the other members of the court that it cannot be
binding, but it certainly seems to me that should be a
right the accused has to give credence to his testimony
or the statements he makes.
Trial Judge Advocate: Suppose you consult with tho
accused Ceaser and see if ho has any objection to it?
Defense: All ri^l.", I will be glad to do that.
(Whispered di3cusr>l-^"i) ■
Defense: Tl^o accufx. Ceaser says he has no objection
to it being in.
Law Member: Ceaser, I am address.:ng you now. The
statement of Chandler, which has been admitted, states
that ho saw you in tho Italian aroa. Have you any
objection to that remaining in the unsworn statement of
Chandler? ^ :
Accused Ceaser: No, sir; I don't.
Law Member: It still is not evidence against
Ceaser that he was there.
1566
Defonse: I think that Is understood.
Law Member: And it will not be so considered by
the Court,
Private First Class Roy L Montgomery stops forward
before the Court.
Law Member: Montgomery, it becomes my duty to
advise you of certain rights which you have as an accused
in a Military Court Martial.
You may be sworn as a witness like any other witness
and give testimony under oath. Your testimony is then
a part of the evidence and will be considered by the
Court as such. You may then be subject to cross-
examination by both the Trial Judge Advocate and by any
members of the Court.
Or, secondly, you may make an unsworn atateraont in
denial, explanation, or c:ctonuation of the offense charged.
This unsworn statement can be made orally or in writing,
and either by yourself or by your counsel. Such unsworn
statement is not strictly evidence and you cannot bo
cross examined thereon. But tho members of the Court
may give such consideration to that unsworn statement
as they see fit.
And, finally, you may remain absolutely silent, and
make no statement, sv/orn or unsworn. If you do elect to
remain silent tho Trial Judge Advocate may not
comment on tliat fact in his final summation to tho Court
nor can the members of the court take that into considera-
tion in determining your guilt or innocence. Do you under-
stand that, Montgomery?
Accused Montgomery: Yes, sir.
Law Member: Ajivt^i.l-.tj no out it that you v/ant me to
explain further to jou?
Accused Montgomor^i J i.o, sir; I understand it clearly.
Lav/ Member; Have you talked this over with your
counsel?
Accused Montgomery: Yes, sir. ' ■.
Law Member: And have you decided on what you want
to do?
Accused Montgomery: Yes, sir.
Law Member: And what do you elect to do? "
Accused Montgomery: To make an unsworn statement.
Law Member: And has that unsworn statement been pro-
1567
parod in writing? . '
The Accused: Yos, sir.
Law Monbor: Counsol may submit it.
Assistant Dofonso Counsol: Any objection?
Trial Judge Advocate: No, I think it may go in.
Law Mombor: The unsworn statement of Roy L Mont-
gomery may be rcccivod in evidence as Defense Exhibit P.
The document above referred to wa:^ marked and re-
ceived in evidence as Defense E^chibit P.
(Defense Exhibit P is road to the Court by the
Assistant Defense counsel.)
Defense: Will the Court bear with us for Just a
minute, please? Before the copies arc submitted to the
Court we have a little change that has to be made.
Private V/altor Jackson, stops forward before the
Court.
Law Member: What is your name?
The Accused: Walter Jackson.
Law Member; Jackson, it is my duty to explain to
you certain rights that you have as an accused in a
Military Court Martial. You may bo sworn as a witness
like any other witness and give testimony under oath.
Your testimony is then a part of the evidence and vdll bo
considered as such by the Court. You will then be subject
to cross examination by either the Trial Judge Advocate
or by the individual merabers of the Court, if they see
fit.
Or, you may sub-aiL an unsworn statement In denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be oral or in writing and given
either by yourself or by your counsel. This unsworn
statement is not ovidenco in the strict sense of the
word, and you cannot bo cross-examined thereon, but the
members of the Court v/ill give such consideration to
what you say in that unsworn statement ?.s they sec fit*
Or, finally, you may remain absolutely silent and
make nc statement, sworn or unsv/orn. In such an event
the Trl.il Judge Advocate may not comraent upon that fact
that you remained silence in his final summation to
the Court nor can the members of the court take that
into consideration in determining your guilt or Innocensc.
Do you understand that?
1568
Tho Accusod: Yos, sir.
Law Mombsr: Is thcro anything else that you want
mo to ; ay about it?
Tho Accusod: No> sir.
Law Mombor: Kavo you talked this over with your
counsel. Major Books? •
Tho Accusod: Yos, sir.
Lav/ lionbGr: Kavo you decided what you want to do?
Tho Accusod: Yes, sir.
Law Mombor: l,¥hat is that?
Tho Accusod: Mako an unsviTorn statomont.
Law Member: And has that unsworn statomont of your
boon prepared in w:.>f.tlng?
Tho Accusod: Yes, sir.
Law Member: All right.
Assistant Defense Counsel: Is it O.K., Colonel?
Trial Judge Advocate: Yos.
Lav/ Member: This is Defense Exhibit Q, and will bo
received in evidonco.
Tho documont above referred to v/as marked and re-
coived in evidence as Defense Exhibit Q.
(Defense Exhibit ';<, i? road to tho Court by tho
Assistant Defense Counsel,)
Defense: Nov/, if tho Court pleaso, that completes
tho unsworn statomonts v;hich the Defense v;ill offer. Tho
balance of tho accused, wMch have not testified, either
testified or given an uncv/orn statomont, v;ill remain silent.
Would the court like to call them up a^x. explain their
rights to them, individually, or collocuivcly?
Law Member: I believe, though it is going to take
some time and effort, I think each of tho accusod should
bo warned individually of his rights and have the individual
come up and state v/hat he v.'ishos to do and that ho under-
stands his rights,
Dofonso: That is probably tho better practice.
Law Member: So, If they will line up, I will do It
1569
tho best I can.
Defense: I have the names here.
Law Member: All right. Now, boys, as your names
are called, will you step up here, between the reporter
and myself?
Defense: Riley Buckner.
(T/5 Riley L Buckner stops forward before the Court.)
Law Member: Buckner, it is my duty to explain to you
that you have certain rights as an accused in a Military
Court Martial, v/hich are as follows:
You may be sworn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and will be considered
by the Court as such. You ?;111 then be subject to
cross-examination like any other v^ritness, by both the Prose-
cution and the individual members of the Court,
Or, too, you may make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such an unsv/orn
statement is not evidence in the strict sense of tho word
and you cannot be cross-examined on it but the Court
will give such weight and consideration to it as it sees
fit.
And, finally, you may remain absolutely silent, making
no statements, either sworn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon that fact in his final summation of tho case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you
understand those instructions?
The Accused: Yes, sir.
Lav; Member: Have you talked this over with your
counsel?
The Accused: Yes, sir.
Law Member: And have you decided vvliat you wish to
do?
The Accused: Yes, sir.
Law Member: And what Is that?
The Accused: Remain silent.
1570
- Lavif Member: You may be seated.
Defense : John S Brown.
Private John S Brown steps forward before the Court,
Trial Judge Advocate: If the Court please, I wonder
If, in order to save effort for the court reporter as
well as a lot of space in the record, I wonder if it
wouldn't be well for the record to just show a similar
explanation by the Lav/ Member in each of the instances
without involving the necessity for taking this all
down repeatedly.
Defense: I v/ill certainly agree to that.
Trial Judge Advocate: I know that is done. As
long as it is agreeable to Counsel that the explanation
given is sufficient and is sufficient for each one,
if it is agreeable to the Trial Judge Advocate and De-
fense Counsel, if they are satisfied with the explana-
tion as it has been given; I believe it can be commented
upon while it is being j^ivcn if there is any necessity.
And if there is no comment then it can be assumed to
be satisfactory.
Defense: That is perfectly agreeable.
Law Member: Well, I can state that exactly the
same instructions which w/ere given to Buckner will be
given to each of the accused which come up here, so that
the record can state that the same Instructions v;hich
were given to each and every one of the accused will
be the same as those given to Buckner. However, the
questions and answers to Buckner, and to each and every
one. of the accused thereafter should be taken down, I
believe, immediately after I have completed giving the
explanation.
Trial Judge Advocate: That is agreeable, yes.
Defense: Yes, sir; that is agreeable.
Law Member: This will eliminate i^utuing my statement
in the record but he will pick It up witl> the questions
and answers at the end of my explanation and the explana-
tion as given to Buckner will go to all of the rest?
Trial Judge Advocate: Yes, sir.
Defense: Yes,
Law Member: Now, Mr Stoddard, you may just make
a note at the beginning of the explanation to each of
these accused that the same instructions as those given
to Buckner are given to each and at the end of my explana-
1571
tlon, boginning with tho question "Do you understand
those instructions?" you will take down tho questions
and answers as to each accused.
Defense: V/o have John S Brown.
Lav/ Horatier: Brown, it is my duty to explain to you
that you have certain rights as an accused in a Military
Court Martial, v/hich are as follows:
You may bo 3v;orn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and v/ill be considered
by the Court as such. You will then bo subject to cross-
examination like any other witness, by both the Prosecution
and tho individual members of the Court.
Or, too, you may make an unsworn statomcnt in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can bo m^do orally or in v/riting and
cither by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the v/ord
and you cannot be cross-examined on it, but tho Court will
give such v/oi.-^ht and consideration to it as it sees fit.
And, finally, you may remain absolutely silent, making
no statements, either sworn or unsworn, and tho fact that
you do remain silent, tho Trial Judge Advocate may not
comment upon that fact in the final summation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir.
Lav/ I'lember: Do you v/ant any further instructions
upon that subject?
The Accused: No, sli'.
Law Member: Havo ;^-ou. balked this matter over with
your counsel?
Tho Accused: Yes, sir; I have, sir.
Lav/ Member: And you have decided v/liat you wish to
do?
Tlio -Accused: Yes, sir.
Lav/ Member: And what is that?
The Accused: Remain silent.
Lav/ Member: All right.
Defense: Private Pirst Class Sylvester Campbell,
1572-
Private First Class Slyvester Campbell steps
forward before the Court.
Law Member: Campbell, it is my duty to explain to
you that you have cert£iin rights as an accused in a
Military Court Martial, which are as follov;s:
You may' be sworn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and will be considered
by the Court as such. You will then be subject to cross-
examination like any other witness, by both the Prosecution
and the individual membors of the Court.
Or. too, you may make an unsworn statement in denial,
explanation/ or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by ^'■oursolf or by your counsel. Such an unsv/orn
statement is not evidence in the strict sense of the word
and you cannot be cross-examined on it, but the Court will
give such weight and consideration to it as it sees fit.
And, finally, you may remain absolutely silent, making
no statements, either sworn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may hot
comment upon' that fact in his final sumr.iation of the case
to the Court, nor may the members of the Coiirt consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir; I do.
Law Member: Campbell, have you talked the matter
over with your counsel?
The Accused: Yes, sir.
Law Member: And have you decided what you wish to
do?
■0
The Accused: Yes, sir.
Law Member: And vrtiat is that?
That Accused: I wish to remain silent.
Law Member: All right.
Defense: Corporal Johnnie Ceasor.
Corporal Johnnie Ceasor steps forward before the
Court,
Law Member: Ceaser, it is my duty to explain to you
that you have 'certain rights as an accused in a Military
Court Martial, which are as follows:
You may bo sworn as a witness, like any other witness
- 1573 ■
in this case, and give tcstinony under oath. Your testi-
mony is then a part of the evidence and will be considered
by The Court as such. You will then bo subject to cross-
examination like any other witness, by both the Prosecution
and the individual members of the Court,
Or, too, you may make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can bo made orally or in writing and
either by yourself or by your counsel, Svich an unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-examined on it, but the Court
will give such weight and consideration to it as it sees
fit.
And, finally, you may remain absolutely silent,
making no statements, either sworn or unsworn, and the
fact that you do remain silent, the Trial Judge Advocate
may not comment upon that fact in his final summation of the
case to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir, I do.
Law Member: Arc th-jre any further Instructions
that you wish on it?
The Accused: lie, sir.
Law Member: Have you talked it over with Major Seeks?
The Accused: Yos, sir, I have.
Law Member: Have you decided v;hat you want to do?
The Accused: Yes, sir.
Law Member: What do jou want to do?
The Accused: Remain silent, sir.
Defense: James Covorson.
T/5 James Covorson stops forwards before the Court.
Law Member: Covorson, it is my duty to explain to
you that you have certain rights as an accused in a Military Court
Martial, which are as follows:
You may' be svi/orn as a Vv'itnoss, like any other witness,
in this case, and give testimony under oath. Your testimony
is then a part of the evidence and v/111 bo considered by
the Court as such. You will then bo subject to cross exaraina-
tion liko any other witness, by both the Prosecution and the
individual members of the Court,
1574 -
Or, too, you may rrake an -unsworn statement In
denial, explanation, or extenuation of the offense charged.
This unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such as unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-examined on it, but the Court
will give such vi/oight and consideration to it as it sees
fit.
And finally, you may remain absolutely silent, making
no statements, either sv/orn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon that fact in his final summation of the case
to the Coiirt, nor may the members of the Coiirt consider
that in determining your guilt or innocence. Do you
understand those instructions?
The Accused: I do, sir. -■ ,
Law Member: Ilavt^ you tulked this over with your
counsel?
The Accused: Yes, sir.
Law Member: Eavo you decided what you v/ant to do?
The Accused: Yea, sir.
Law Member: And what do you want to do?
The Accused: Remain silent, sir.
Lav; Member: That is all.
Defense: Willie S Curry.
t/5 Willie S Curry, stops forward before the Court.
Law Member: Curry, it is my duty to explain to you
that you have certain riglits as an accused In a Military
Court Martial, which are as follows:
You may be sv;orn as a witness, like any other witness
in this case, and give testimony xmder oath. Your testi-
mony Is then a part of the evidence and will be considered
by the Court as such. You v/ill then be subject to cross-
examination like »ny other witness, by both the Prosecution
and the individual members of the Court,
Or, too, you may make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can bo made orally or in writing and
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-examined on it, but the Court
will give such weight and consideration to it as it sees
fit,
1575
And, finally, von msv remain pbsolntely silent, making
no statements, cither sivorn or ims^'orn, pn^ the fpct tbet
yo^-' do remain silent, the Trial Jn-ri'^e AdA/ocate m?y not
comment upon that fact in his final summation of the case
to the Court, nor ma^ the members of the Court consider
that in determininr ^our !?;n.ilt or innocence. Do von
understand thope inrtrnctions?
The Accused: "^es, sir,
Lp^*; Member: Ea-'^e you talked it over "'ith your
counsel?
The Acc^^s^■d; '^''es, sir.
Lav' Member: Kevc you decided what you. ^'-ant to do?
The Accused: Yes, sir; I have.
Law Member: And 'vhat do you want to do?
The Accused: Remain silent.
Law Member: All ridit, that is all.
Defense: Lee Dixon.
T/5 Lee A Dixon steps forv/erd before the Court,
Law Member: Dixon, it is my duty to explain to you
that you have certain rights as an accused in a Military
Court* Martial, which are as follows:
Vou ma-"- be sworn as a witness, like any other witness
in this case, and t?ive testimony Tindtr oath, ""'our testi-
mony is then a part of the evidence and will be considered
bv the Court as s^^ch. You will then be subject to ci oss-
exaraination like any other witness, by both the Prosecution
and the individual members of the Court,
Or, too, vou mp'^ make an unsworn statement in denial,
explanation, or extcnua + ion of the offense chpr^-ed. This
imsworn statement can bo made orally or in writing and
either bv vQursel^ or bv vour counsel. Such an u.nsv'orn
statement is not evidence in the strict sense of the word
and ^-01^ cannot be cross-examined on it, but the Cou.rt_will
five' such wc.i^ht and consideration to it as it sees fit.
And, flnallv, ^.-ou may remain p.bsolutel-"- silent, making
no statements, either sworn or unsworn, and the fact that
vo^i do remain silent, the Trial Judr.e Advocate may not
comment upon that fact in his final summation of the case
to the Court, nor mav the members of the Court consider
that 'in deterninin- vour r^uilt or innocence. Do you under-
stand those instructions?
1576
The Accused; Yes, slrj I do, sir.
Law Member: Have you talked It over v/ith your coun-
sel? ii
.)
The Accused; Yes, sir; I have, sir. 'j
do?
I
Law Member: And have you decided what you want to
The Accused: Yes, sir.
Law Member: And v/hat do you want to do?
The Accused: Yes, sir, ^
Law Member: I say, what do you want to do? j
The Accused: Remain silent, sir, . i
Law Member; That is all, „
Defense: To give the Court a break, I will call J
one witness that has already been sworn, I vi/ill call '\
Sammy Snow.* The Court has explained his rights to him ^
once before, ;
The Witness: Yes, sir.
Law Member: And do you romember also I told you that
you had the right to remain absolutely silent
throioghout?
The Yifitness: Yes, sir.
Law Member: And not give any statements, either sworn
1577
Private Samuel Snov/ v/as recalled by the Defense j
and testified fTirthor as follows: '■
i
Law Member: Snow, do you remember some days ago \
I explained at length to you your righto as a witness? * J
j
The VJitnessj Yes, sir, i
]
Law Member: And you remember that at that time you
elected to be sworn as a Witness and testify on the i
matter of your statement, _ • 1
The Witness: Yes slv, !
Law Member: And yov reiiieiaber at that time I told ;
you you might also make i.-n •.msworn atatenent? ' j
'I;
The Witness: Yes sir, i
M
Law Member; And that you could not b? ciross*«examined i
if you v;ould make an unsv/orn statement? ■
or vmsworn? ^
The Witness: Yes, sir, J
Law lembGr: And the fact that you remained silent
could not be cotnmented on by the Trial Judge Advocate in
his final summation to the Court?
The Witness: Yes, sir.
Lav; Member: And that it would not be taken Into j
consideration by the members of the Goxvct in its final J
consideration? _ ,|
The Witness: Yes sir. 1
Law Member: Do you remember all of that? |
I
The Witness: Yes sir. ]
Law Member: Have you talked this over with your
counsel further?
^■^
The Witness: Yes, sir. I
Law Member: And have you decided what you want to i
do, further? • 1
The Witness: Yes, sir. |
Law Member: And what do you want to do?. |
The Witness: Remain silent, sir, ^^
Law Member: AH r-ight, you may be seated.
j
Defense: Emamael Pord, . }
Sergeant Emanuel W Pord steps forward before the Court, ^
Law Member: Pord, it is my duty to explain to you J
that you have certain rights as an accused in a Military
Court Martial. Which arc as follows: , \
■)
You may be sworn as a witness, like any other witness j
in this case, and give testimony under oath. Your testi- j
mony is then a part of the evidence and will be considered j
by the Goui't as such . You will then be subject to cross- |
examination like any other witness, by both the Prose- ^
cution and the individual members of the Court. ^
Or, too, you may make an unsworn statement in denial, |
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in v/rlting and j
either by yourself or by your coxinsel. Such an unsworn .|
statement is not evidence in the strict sense of the v/ord j
and you cannot bo cross-examined on it, but the Court v;ill i
1578 i
give suoh woight and consideration to it as it sous
fit.
And, finally, you may remain absolutely silent, making
no statements, either sv>;orn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon that fact in his final suiiimation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir.
La\w Member: Have you talked this over with your
counsel, Major Beeks?
The Accused: Yes, sir.
Law Member: And have you decided Vi;hat you want to
do?
The Accused: Yes, sir.
Law Member: And what do you want to do?
The Accused: Remain silent.
Law Member: That is all.
Dt,fense: Sergeant Graham.
Staff Sergeant Ernes Graham steps forward before the
Court.
Law Member: Graham, it is my duty to explain to you
that you have certain rights as an accused in a Military Court
Martial, which are as follows:
You may be svrarn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and v^ill be considered
by the Court as such. You will then be subject to cross-
examination like any other w Itness, by both the Prosecution
and the individual members of the Court.
Or, too, you may make an unsworn statement in denic:!,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the v;ord
and you cannot be cross-examined on it, but the Court will
give such v^/eight and consideration to it as it sees fit.
And, finally, you may remain absolutely silent, making
no statements either sworn or un&v\(orn, and the fact that
you do remain silent, the Trial Judge j^dvocate may not
conment upon that fact in his final summation of the case
1579
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: I do, sir.
Law Member: Have you talked it over v/ith Major
Beeks, your counsel?
The Accused: Yes, sir.
Law Member: And have you decided what you want to do?
The Accused: Yes, sir.
Law Member: And what do you want to do?
The Accused: Remain silent, sir.
Law Member: That is all.
Defense: Frank Hughes,
Private Prank Hughes steps forward before the Court,
Law Member: Hughes, it is ray duty to explain to you
that you have' certain rights as an accused in a Military
Court Martial, v;hich are as follows:
You may be sv/orn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and v;ill be considered
by the Court as such. You v;ill then be subject to cross-
examination like any other v/itness, by both the Prosecution
and the individual members of the Court,
Or, too, you may make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-e::amlned on it, but the Court
will give such weight and consideration to it as it sees
fit.
And, finally, you may remain absolutely silent, making
no statements, either sworn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon' that fact in his final s\;umnation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir.
Law Member: Have you talked it over v/ith your counsel.
Major Beeks?
1550
The Accused: Yos, sir 4
Law Member: Have you decided what you want to do?
The Accused: Yes, sir.
Law Member: And what do you want to do?
The Accused: Reraain silent.
Law Member i All right.
Defense: V/illie Jones,
Private Vvillian G Jones steps forv/ard before the
Court,
Lav; Member: Jones, it is my duty to explain to you
that you have' certain rights as an accused In a Ililitary
Court Martial, which are as follows:
You may' be sworn as a witness, liko an^'' other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and will be considered
by the Court as such. You v/ill then bo subject to cross-
examination like any other witness by both the Prosecution
and the individual members of the Court,
Or, too, you may make an un sworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in v/riting and
either by yourself or by your coiinsel. Such an \insworn
statement is not evidence in the strict sense of the word
and you cannot be cross-examined on it, but the Court will'
give such weight and consideration to it as it sees fit.
And finally, you may remain absolutely silent, making
no statements, eithel" swox-n or unsworn, and the fact that
you do remain silent, the 'i^rial Judge Advocate may not
comment upon' that fact in hl^ final summation of the case
to the Court, nor may the ii.'^nbers of the Court consider
that in determining your gullu or innocence. Do you under-
stand those instructions?
The Accused: Yes, sir, ,
Law Member: Have you talked it over vlth ^rour counsel.
Major Beeks?
The Accused: Yes, sir.
Law Menber: Have you decided what you want to do?
The Accused: Yes, sir.
Law Member: V/hat do you v;ant to do?
1581
The Accused: I choose to remain silent, sir.
Law Member: All right. -i
Defense: Willie Prevost. He has been sworn before,
if the Court please.
T/5 Vi^illio Prevost, Sr., steps forward before the
Court.
Law Member: Do you remember my warning to yo.i and
explanation before Prevost at the time your statement vi/as
in issuo when you v;oro sworn? j
The Witness: Yes, sir. J
Law Member: You remember you elected to be sworn I
as a witness on the question of this statement? j
The Witness: Yes, sir.
Law Member: Do you remouiber also that I told you ]
you had a right to make an unsworn statement? " 1
j
The Vifitness: Yes, sir. ,J
Law Member: And that you could not be cross-examined :j
upon that unsworn statement? 1
J
The Witness: Yes, sir. • ^
\
Law Member: And do you remember also I told you that I
you had the right to remain absolutely silent and make J
no statement, sworn or unsworn, and that that fact could 1
not be commented upon by the Trial Judge Advocate in his J
final summation, nor by the members of the Court, it .1
could not be considered by them in determining your guilt ]
or innocence. Do you rem3:iber that pretty well?
The Witness: Yes, sir. J
Lav^' Member: Have you talked this matter over with '
your counsel as to what you wish to do? i
The V/itness: Yes, sir.
Law Member: Have you decided what you wish to do? 1
The v/itness: Yes, sir. '
Law Member: And what do you wish to do? I
The Vifitness: Remain silent. j
Law Member: All right. 1
1582
President: Ue will taice a 5-minute recess sitting
here in the court room.
At this point a short recess was taken, everyone
remaining seated in the court room, after which proceedings
were resumed as follov,;s: ,
President: Are all of the accused in here?
Sergeant of Military Police: Yes, sir.
President: Court will come to order.
Trial Judge Advocate: The record Vv'ill show that
all of the accused are present, that all members of the
cdurt are present as well as the Prosecution and Defense.
Defense: G V/ Spencer.
Sergeant C W Spencer steps forward before the Court.
Law Member: Spencer, it is my duty to explain to you
that you have certain rights as an accused in a Military
Court Martial, which are as follov/s:
You may be sworn as a wi tness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and v;ill be considered
by the Court as such. You will then be subject to
cross-examination like any other witness, by both the Prose-
cution and the individual members of the Court.
Or, too, you nay make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-ex. 'jnined on it, but the Court
will give such weiglit and consideration to it as it sees
fit.
And, finally, you may remain absolutely silent, making
no statement, either sworn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon that fact in his final su:ituation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you
understand thoso instructions?
The Accused: I do, sir. ■
Law Member: And have you talked this over with
Major Seeks, your counsel?
The Accused: Yes, sir.
Law Member: Have you decided what you want to do?
1583
The Accused: Yes, sir.
Law Member: What do you wish to do?
The Accused: Remain silent. ,
Law Member: All right.
Defense: Corporal Stewart.
T/5 Leslie T Stewart steps forward before the Court.
Law Member: Stewart, it is my duty to explain to
you that yoxi have certain rights as an accused in a Mili-
tary Court Martial, which are as follows:
You may be sv/orn as a witness, like any other witness
in this case, and give testimony under oath. Your testi-
mony is then a part of the evidence and will be considered
by the Court as such. You v;ill then be subject to cross -
examin^.tion like any other witness, by both the Prosecution
and the individual members of the Court.
Or, too, you may make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your counsel. Such an unsworn
statement is not evidence in the strict sense of the word
and you cannot be cross-exai^ined on it, but the Court will
give such weight and consideration to it as it sees fit.
And, finally, you may remain absolutely silent,
making no statements, either sv/orn or unsv/om, and the fact
that you do remain silent, the Trial J\iclge Advocate may not
comment upon that fact in his final summation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocense. Do you under-
stand those instructions?
The Accused: Yea, sir.
Law Member: Have 7/ou talked it over with Major Peeks,
your counsel?
The Accused: Yes, sir.
Law Member: Have you decided what you want to do?
•^'he Accused: Yes, sir.
Law Member: Vi/hat do you want to do?
The Accused: Remain silent.
Law Member: All right.
Defense: Richard Sutliff.
1504
!£
1
'I
1
\
Private Richard L Sutliff steps forward before the .|
Coiirt, i
Law Member: Sutliff, it is my duty to explain to you \
that you have certain rights as an accused in a Military |
Court Martial, v;hich are as follows: j
You may be sworn as a v/itness, like any other v;ltne3S \
In this case, and give testimony under oath. Your tosti- \
mony is then a part of the evidence and will be considered -i
by the Court as such. You will then be subject to cross-
examination like any other v;itness, by both the Prosecu-
tion ana the Individual members of the Court.
.J
Or, too, you may make an unsworn statement in denial, J
explanation, or extenuation of the offense charged. This i
unsworn statement can be made orally or in writing and \
either by yourself or by your co\ansel. Such an unsworn 3
statement is not evidence in the strict sense of the word %
and you cannot be cross-examined on It, but the Court ;
will give such weight and consideration to it as it sees i
fit. 1
1
And, finally, you may remain absolutely silent, making \
no statements, either s^vorn or unsworn, and the fact that )
you do remain silent, the Trial Judge Advocate may not J
comment upon that fact In his final summation of the case ^
to the Court, nor may the members o.f the Court consider \
that in determining yo\K> guilt or innocence. Do you j
understand those instructions? j
1
The Accused: Yes, sir. a
Law Member: Have you talked this over with your i
counsel? J
-1
\
The Accused: Yes, sir.
Law Member: Have you decided v/hat you want to do?
The Accused: Yes, sir.
Law Member: Ai^d what do you want to do?
The Accused: I wish to remain silent, sir.
Law Member: All right.
Defense: Freddie Diablance,
Private First Class Freddie mblance steps forv/ard
before the Co'urt,
Law Member: Umblance, it is my duty to explain to
you that you have certain rights as an accused in a Military
Court Martial, v;hlch are as follows:
1585
K
Yoli may be sv;orn as a wltner^s, like any other witness
In this case, and give testimony under oath. Your testimony
is ther a part of the evidence and will be considered
by the Court as such. You v/ill then be subject to cross-
examination like rjiy other ^/itness, by both the Prose-
cution and the individual members of the Court.
Or, too, you nay make an unsworn statement in denial,
explanation, or extenuation of the offense charged. This
■unsworn statement can be made orally or in writing and
either by yourself or by your counsels Such an vmsworn
statement is not evidence in the strict sence of the word
and you cannot 'le cross-examined on it, but the Court will
give such weighb and consideration to It as it sees
fit.
And, finally, you may remain absolutely silent, making
no statements, either sworn or unsworn, and the fact that
you do remain silent, the Trial Judge Advocate may not
comment upon that fact in his final summation of the case
to the Court, nor nay the members of the Court consider
that in determining youi' guilt or innocence. Do you. under-
stand those instructions?
The Acc^ised! Yos, sir.
Law Member: Have you talked this over with
your counsel. Major Boeks?
The Accused: Yes, sir.
L;.w Member: Have you decided what you want to do?
The Accused: Yes, sir.
Law Member: V/hat is your decision?
The Accused: Remain silent, sir.
Law Member; All I'ight,
Defense: David V<alton.
T/5 David Walton steps forward bex"-vo the Court.
Law Member; Walton, it is my dut; to "xplain to you
that you have certain rights a^! an acciis.^d in a Military
Court Martial, vi;hich are as follov/s:
You may be sworn as a witness, like any other witness
in this case, and give testimony \inder oath. Your testi-
mony is then a part of the evidence and will be considered
by the Court as such. You \;ill then be subject to cross-
examination like any othor witness, by both the Prosecution
and the individual members of the Court,
Or, too, you ma3'' make an unsworn statement in denial,
1586
explanation, or extenu-ation of the offense charged. This
unsworn statement can be made orally or in writing and
either by yourself or by your coiinsel. Such an unsworn
statement Is not evidence in the strict sense of the v/ord
and you cannot be cross-examined on it, but the Gotirt
v/ill give such weight and consideration to it as it sees
fit. .
And, finally, you may remain absolutely silent,
making no statements, either sworn or unsworn, and the fact
that you do remain silent, the Trial Judge Advocate may
not comment upon that fact in his final suiimation of the
case to the Court, nor may the members of the Court con-
sider that in determining your guilt or innocence. Do
you understand those Instructions?
The Accused; Yes, sir; I do. >
Law Member: Have you talked it over with Major
Seeks, your counsel?
The Accused; Yes, sir.
Law Member: Have you decided what you wish to do?
The Accused: Yes, sir.
Law Member: And what do you wish to do?
The Accused: Remain silent. •
Law Member: All right.
Defense: Wallce A Wooden.
Private Wallce A Wooden steps forv/ard before the Court.
Law Member: Wooden, it is my duty to explain to
you that you have certain i* Q;hts as an accused in a
Military Court Martial, \.h.uch are as follows:
You may be sworn as a witness, like any other wit-
ness in this case, and give tostimony imdor oath. Your
testimony is then a part of the evldencj and will bo
considered by the Go\irt as such. You w^ll then be subject to
cross-examination like any other witncs;^, by both the
Prosecution and the individual members of the Court.
Or, too, you may make an unsworn statement in de-
nial, explanation or extenuation of the offense charged.
This "Uj- sworn statement can be made orally or in writing
and either by yoiirself or by your counsel. Such an un-
sworn statement is not evidence in the strict sense of
the word and you cannot be cross-examined on it, but the
Court will give such weight and consideration to it as it
sees fit.
1587
And, finally, you may remain absolutel^r silent, making
no statements, either sworn or unsworn, and the fact that
you do remain silent, the Trial Jtidge Advocate may not
comment upon that fact in his final swamation of the case
to the Court, nor may the members of the Court consider
that in determining your guilt or innocence. Do you
understand those instructions?
The Accused: I do, sir.
Law Member: Do you want any further explanation
about any part of it?
The Accused: No, sir.
Law Member: Have you talked this over v^fith Major
Beeks, your counsel?
The Accused: I have, sir.
Lav/ Member; And have you decided what you want to do?
The Accused; Yes, sir; I have, sir.
Lav/ Member: And v/hat do you wish to do?
The Accused: I v/lsh to remain silent.
Law Member: All right.
Defense; Now, if the Court please, that completes
all of the accused. The defense has nothing more to
offer at this time. The Court imderstands the situation
with respect to other witnesses which the Defense may
call, who are not yet here and with respect to the Italian
v/itnesses presently in the hospital. Colonel Jaworski
and I shall attempt to agree if we can tipon what the
Italian Captain v^rould testify to if he was called, I
don't know if we can do so, or if we can agree, but there
will be that much time saved if we can. If v/e cannot
agree, then some other means will have to be devised
to obtain this testimony.
Law Member; Does the "^rial Judge Advocate feel
Inclined to proceed with cut his rebuttal of order?
Trial Judge Advocate; Yes, I think so, I think
that the rights of the accused can be funs'- preserved
through that procedure. If I proceeded in that manner
I would, of course, agree that Counsel could put on any
of those witnesses that he wants to if thoy return. If
ho does rest his case, it would be the sarae as if he
were to proceed.
Law Member; I thouglit you had agreed on this?
Trial Judge Advocate: I will make a very firm
effort to attempt to agree on the testimony of the Italian
1588
Captain, Nov/, I probably should take some time tomorrow
morning to go over this. Of course, this testimony, I
have boer. in court constantly listening to this testimony
and I have had no v;ay of determining what testimony I
would need until I knev; v/hat the Defense v;as' proving. I
don't knoY/ hov/ long It will take me to do it, 'but a few
hours, I will have to get the witnesses hero, and I will
have to proceed to put that testimony on.
All I can say is that we can proceed in the morning
and see what happens.
President: Suppose wo look at it this v/a3'-. Suppose
we agree to adjourn now until 1:30 tomorrow afternoon, and
then on reconvening v;e will hoar the Italian Captain's
testimony as agreed on, or if it is secu'^:'od v/e will hear
it or him, and if it is not secured or agreed upon, then
you can obtain the Captains testimony on a later date.
If a stipulation cannot be agreed to, is there any ob-
jection to getting that testimony in the form of a depo-
sition?
Defense: I have not given that matter any thought,
if the Court please, I would rather not commit myself
on it until we convene tomorrow* I don't thinlc there
is going to be anything prejudicial by my so doing, I
understand it is possible for the witness to be here under
certain conditions, but I will have to determine what that
is.
Law Member: Is it possible for him to be here?
Defense*. Yes, but you might read that to the Court
if you would, Colonel Jaworski, the document you have
stating those conditions,
' Trial Judge Advocate: At my request Captain Farring-
ton, who is the Commanding Officer of the 28th Italian
Quartermasters Service Company, addressed this communica-
tion to the Depot Surgeon, Mount Rainier Ordnance Depot,
Tacoma, Washington,
"12 December 1944
"Subject: Physical Condition of Patient.
To: Depot Surgeon, Mount Rainier Ordnance Depot, Tacoma,
Washington,
"l. It is requested that information be furnished as to
whether or' not the phj^sical condition of Captain Ernesto
Cellentani, 10 903849^ Italian officer this organization,
will allov; him' to appear as a witness at a courts -martial
at Fort Lawton, VJashington,
"2, Captain Cellentani is at present a patient
hospitalized at Fort Lewis, Vifashington,
/s/ WAYIIE A PARRINGTOII, Captain, CMP.
Commanding,"
1589
And this la the 2nd endorsement,
"Office of the Commanding Officer, ASP, NSC, Madlgan General
Hospital, SOU 1915, Port Lewis, Washington 12 December 1944
TO: Commanding Officer, 28th Italian Quartermaster Ser-
vice Company, MfiOD Tacoma, Washington ,j
1. Subject illness is a contagious nature; he is now
in semi-isolation. It is anticipated that he will be in this
hospital about ten more daysi i
2« If necessary, patient may be taken out, only if his
organization assumes the responsibility of reasonable care as
to sanitation and isolation. Commanding Officer must also
be responsible for providing ovm transportation to pick up
and return him to horpital each night.
For the Commanding Officer:
/s/ V S Mills J
2d Lt, WAC I
Aast Registrar." ■
Now, that ia the full communication, now, and how
we isolate him as a witness in this case is something I
don't understand how we are going to do. I v/ouldn't
know how to go about it. Incidentally?, I can give you
a copy of this for your files.
Defense: Thank you.
Trial Judge Advocator I know definitely that a
deposition cannot be used by the Prosecution, ,,
Law Member: But it can be used by the Defense,
Trial Judge Advocate: Yes, that is what I thought.
Defense: l don't thlul: there is any fiuestion but ,
what it can be. Of course, the Court well \novjs that '
testimony by a deposition is never as effective as a
deposition taken orally or the witness's testimony. How-
ever, I am not going to unduly prolong this case. If
that is the only way It can be done, all :'ight.
President: We still have other testimony to
take. If we postpone this testimony "tomorrow you can
agree and see about it then, perhaps,
■ Defense: Yes,
Lav/ Member: Colonel, If we recess until 1:30
tomorrow, would that give you sufficient time? }
Tripi Judge Advocate: If think so. Tliat would give i
me sufficient time to proceed with at least a good part 1
of the testimony,
1590 t
Law J'''ember: You know I am wanted some place else?
Trial Judge Advocate: Yes, sir; I know, and I am j
very eager to get some place else also.
Law Member: If jou gentlemen agree upon your stl- i
pulation, if you can get that done by tomorrow afternoon |
at 1:30, plus" the rel^uttal evidence, with all rights 's
reserved to further rebut, if Major Beeks puts in further j
testimony, will that be all right? I
'j
Trial Judge Advocate: Yes, sir. *
■i
President: Court will be adjourned until 1:30 I
tomorrow afternoon. |
The court recessed at 4:42 p.m., -o sr^econvene at ;
1:30 p.m., December IS, 1944. \
1591 I
1
i
i
■^
LEON JAWORSKI \
Lt. Col., JAGD \
Trial Judge Advocato i;
, Port Lav;ton- Staginr; Area,
Fort Lawton, V/ashlngton,
13 December 1944
The Court reconvened at 1:35 p.m., 13 December 1944,
President: Is the prosecution ready to proceed?
Trial Judge Advocate; The prosecution is ready, sir.
President: Is the defense ready to proceed?
Defense: The defense is ready, sir» ' '
President; The Court v;lll come to order.
A roll call of the accused was then condiictod by the
Assistant Trial Judge Advocate,
Trial Judge Advocate; The record may shov/ that each
accused is present; that all members of the Court, and the
personnel representing the accused and the personnel of the
prosecution are present.
Defense: If the Court please, there are tv/o little matters
I overlooked last evening; I would like to call witnesses at
this time, Lt, Gagliardo, v/ill you be s\7orn, please,
2nd Lt, A, ' J, Gagliardo, Transportation Corps, a witness
for the defense, was sworn and testified as follows;
Trial Judge Advocate: State your name.
The witness: A» J, Gagliardo,
Trial Judge Advocate; And your rank?
The Witness: 2nd Lieutenant,
Trial Judge Advocate: Your assignment?
The V/itness: T. C, Itilitary Personnel Branch, Seattle
Port of Einbarkationi
Trial Judge Advocate; '2\iiX is all*
DIRECT EXAin NATION ' ---*;■
Questions by defense;
Q Lt, Gagliardo, do you speak the Italian language?
A I do,
Q And vdth what degree of fluency do you speak it?
A I would say good, sir,
Q As a matter of fact, you have acted as an advisor for the
1592
defense during the trial of this case in connection with
Italian v/itnesses?
A I have J sir.
Q I want you to tell the Court whether or not you were with me
at Mount Rainier several wooks ago at y/hlch tiiao Sergeant
Major Todde was examined by me?
A I was,
Q, And in what capacity did you act on that day, Lt, Gagliardo?
A I acted as an interpreter.
Q I want you to tell the Court v/hether or not you v;ere the
interpreter at the time that I cxainlnod Sergeant Major Toddo?
A I was,
Q, I wish you v/ould toll the Court just in what manner we pro-
cooded to examine Sergeant Major Todde,
A The questions were asked hy Major Ecelcs; I in turn trans-
lated them In Italian to Sergeant Todde. He answered in
Italian, and I In tui'n translated it into English to Major
Seeks,
Q I want you to tell the Court whether or not 3rou made true
interpretations of the ouostions that I asked Sergeant Todde?
A I did;
Q Toll the Court whether or not you made true interpretations
of the answers that v/ere given,
A I did.
Defense: That is all,
CROSS EXMINATIOII "_. •
Questions by Trial Judge Advocate:
Q Of course, what you mean, Lieutenant ^ is that you did it to
the best of your ability?
A That is correct, sir, ■
Q It is true, is it not, r.t times thore is some difficulty in
Italian witnesses unde 'standing questions that are asked?
A That is true, except that I made it a particular point where
there seemed to be sorie doubt in the minds of the v/itnessea
— he didn't seem to understand exactly the question — to
reframe it so that he did imderstand,
Q You tried to' the best of your ability to have him understand
it correctly, of course?
A That is correct,
Q But even from the experience' here in Court with some of the
witness'es who have testified, you have found that sometimes
they would misunderstand and they would have to have questions
repeated?
A That is true,
1593
Trial Judge Advocate: That is all, ,j
'I
Defense: One more question. j
IffiDIItEGT EXAi;, INATIOIT
Questions by defense:
Q Do you recall that part of Sergeant Major Todde's examination
when I asked him if he had ever seen certain men whose
pictures I presented him before?
A Not In relation to any specific pernon.
But, I mean, generally?
1
A Ye 3 , a i
Q Well, tell the Court v/hether or not there \io.s any difficulty
in translating those questions and Sergeant I.Iajor Todde's
answers thereto?
A There ^as not.
Defense: That is all.
Trial Judge Advocate: No further q^iestions.
President: lay questions by the Coxirt? • ' ^'
Law Member: Just a minute, I want to ask one question.
EX.\I/IITiATION BY THE COU'.^T |
questions by Law Member: . ■'» •' :^
Q Lieutenant, you say that at some time there •■vas difficulty
in making the witness understand. Do you feel that he fully
understood before he answered?
A Yes, sir, I do. ,|
Q And you did have soLie difficulty here in Court with Lt.
Schepls on cortai^\ questions and ansv/ero?
A That is true.
Q But do you feel that the questions that v/ere asked of these
v/itnesses here in Court and ansvrercd by them were correctly
interpreted by you?
A Yes, sir.
Law Member: That is all.
President: That is all. The witness may be excused.
There being no further questions, the witness was excused
and wlthdrev;.
1594
Elsie Lahtl, a witness for the defense, was sworn and
testified as follows:
Trial Judge Advocate: Vifill you state your name, please.
Ma' am?
The V/ltncss: My name Is Elsie Lahtl,
Trial Judge Advocate; You will have to speak a little
louder, because there isn't a chance thoy can hear you. i
1
Lavi? Member; Did you hear hovvf that Lieutenant just spoke ,;
to us? ij
The Witness: Ky name is Elsie Lairbl. I
Trial Judge Advocate: Hov; do you spell that? |
The V/itness; E-1-sri-e L-a-h-t-1. ^
Trial Judge Advocatt:; ^-/hat is your occupation, please? I
_i
The Witness: I am a stenographer In the Legal Division i
at Pes': Headquarters, Port Lawton. |
s
DliiHCT EXAM NATION ;j
■ 1
Questions by defense; 3
Q What are yovir regular duties here at Port Lawton, Miss ;!
Lahtl? I
A I am a reporter on special court-martials^ suction A, and I ^
take dictation, or affidavits, certificates, anything that ■^
may come up in the Legal Division; investigations, I take J
them. ■ 5
■i
Q You report generally court-martials and boards? ^
A Yes, sir, 1
i
Q You have been assigned to me during the time that I have J
been engaged in the ilc-'ense of this caoe, have you not^ j
A Yes, sir. "i
Q Miss Lahtl, tell the Court whether or not several weeks ago -.
you wore with me down at the Mount Piainior Ordnance Depot ^
during v;hich time I ejcamined Sergeant Major Todde? j
A Yes, I was with: you. 1
Q And what did si-ou do at the time you were with me and during 1
the period of time that Sergeant Major Todde was being |
examined?
A 1 was v/hat you call the reporter, but I was taking down
in shorthand, verbatim, everything that was said — the
questions and answers. .
Q You were taking down in shorthand verbatim everthing said,
the questions and ansv/ers? ;
A Yes, sir, j
1595
Q, Nov/ toll tho Court whoso statements you took dov/n during
tho time that wc v;ore Gxamlning Sergoant Toddo.
A \Vhon you askod tho questions. Is that v/hat you mean?
Q That's right.
A You asked. Major Beeks askod tho questions, and a Lt.
Gagliardo in turn Intorprotod the questions in Italian to
tho Italian, to the individuals who v/ero being questioned,
and in turn Lt, Gagliardo gave the reply in English.
Q Lt, Gagliardo' 3 reply that you transcribed?
A Yos, sir, your questions and Lt. Ga-liardo's translations.
Q Do you have your original notes v/itl.i ;-ou at this time?
A Yos, I havG,
Q Will you turn to that part of your notes v;herc I asked
Sergeant Major Todde about a picture of Losllo Stev/art?
A. Yos, sir.
Q And read to the Court tho question I askod Sergeant Major
Toddo and his ans'.-^or thereto?
A Question by Major Becks: Here is tho picture of Leslie
Stewart, Has ho ever scon him? Lt, Gagliardo' s roply
was: llo, sir,
Dcfonso: Tho Court hoar that? You nay examine.
CROSS SXAMINATIOi;
Questions by Trial Judge Advocate;
Q Leslie Stewart y/asn't there in person tliat day, was he?
A No, not that I know of.
Q, May I have tho transcript of testimony? You transcribed
that testimony?
A Yos, sir.
.Trial Judge Advocate: (To Major Eoeks) May I have it,
ploaso?
(Defense Counsol hands papers to Ti'lal Judge Advocate)
,0, I will ask you to look at this transcript — just tako a
look at it; you probably recognize ; our ovm work — and toll
me if that is tho transcript of that boatimony, ploaso,
A You moan every singl j page?
Q Yes.
A Yes, Tliat is ny initial (indicating); this is my work, yes,
Q That is your v;ork?
A Yos, sir,
Dofonso: I want the Court to understand I am loaning tho
transcra ot as a matter of convenience to counsel. The original
notes are here, v/hich is tho best evidence; he has a right to
1596
go Into that.
Trial Judge Advocate: Unfortunately I can't road the
notes and the Court can't read the notes, and that is the
reason I want the transcript.
Defense; I am loaning them to you as a vaattor of con- -j
venioncc. I expect to got them back.
i
Trial Judge Advocate: Oh, surely, :'
Q Now, did you transcribe at that tir.i.:^ all of the testimony 1
that Y/as taken of that witness? -;
A Yes, sir, I did, . i
1
Q Everything that was said to him and everything that ho said? i
A Yes, sir, " 'l
Defense: Wo didii't leave ai-ij^thing out. Colonel. f:
Q, Did you at that time also observe what particular pictures j
were presented to this witness? " '
A Well, you moan did I look at the pictures as they wore ;•
pro son tod to the witness? j
Q Yes, 1
A No, sir, I took down the numbers, and when they were indicated \
by name I took down the namo, I take- down v/hat I hoard, )
Q Yes; you take dovm what you heard, }
A I tako down what I heard , , ]
Q Do you romombor about how many pictures wore prosontod to him?
A Yes, I thinlc there v.^oro 19 in number, and then — I didn't
count them, count the pictures. Probably 40 or 50; I
wouldn't be positive, I
Q Probably 40 or 50?
A I wouldn't be positive bjcauso I didn't count them. I would ^
, just estimate of'h./ic , l
Q Thoso were small pliuic ■l^aphs, wore th'-)y not? '
A Yes, sir,
Q I hand you Defense Exhibit F and I v;lll ask you if this is I
the typo of picture that was presented to the witness for •
identification? I
A Yes, sir, it 'vas that size, \
il
Q It was that size? '
A Yes, sir. "
Law Member: That is No, 6? i
i
Trial Judge Advocate: That is Dcfonso Exhibit P« '^j
1597 "i
;i
i
.1
Q, And your recollection is that there was quite a nurarer of
photogra:ohs presented to the xvltness at that time?
A Yes, sir.
C^ I believe a m;ml)er of those photo;^x*aphs at first vrere pre-
sented by niJinoer?
A Yes, sir.
Q And then some of t'/iem by name?
A Yes, later on they were by nar,ie.
Q And I believe that there v/ere a nutiber of identifications
made from photo^^raphs by the witness Todde, were there not?
A Yes, I believe there were some.
Q You don't remember how nany?
A No, I don't recall.
Trial Judge Advocate; That is all, Ilo further questions.
President: Any qi^estions by the Cou.rt? Appear to be none.
The witness may be exciised.
There bein^; no furthe":'' questions, the witness was excused
and withdrew. ■ ,
Defense: Counsel for the prosecution has just indicated
that he v/ould stipulate that the photograph that I handed to
the witness Todde at the time mentioned by I!iss Lahti was the
photograph of Leslie Stewart. That is what I had intended to
prove by Captain Iloyd. Cotuisel very kindl,'- consented to stip-
ulate to that, so Captain IToyd's testimony won't be necessary.
Counsel has further indicated that he would stipulate that
Defense lilxhibit P is the photograph that I handed to Sergeant
Major Todde at that time.
Major Groc^-er; Ila-'- I see the picture. Major?
Defense: Yes.
Law Member: P is St.--rart, is that -ight?
Defense: Yes, sir. Miss Lahti, will jon come back again,
I have one further nuestlon In connecti''n with one matter I
would like to ask you.
Elsie Lahti, a witness for the defense, v/as recalled and ■
testified further, as follo'</3:
Trial Jud.^:e Advocate: You are reminded you are still under
oath.
The Witness: Yo s , sir,
IHEDIPiHCT EX^UaNATlCN
^.uestions by defense:
159C
Q Ml3s Lahtl, toll the Court whether or not you v/ere present
at Camp Jordan on or ahout the 9th day of November of this
year when I exaralned Corporal Richard King?
X Yes, I was present,
Q In what capacity were you acting on that day?
A I was acting as stenographer and was ta.klng dovm the
questions and answers verbatim.
Q You mean the questions that I asked Corporal King and his
ansrers thereto?
A- Yes sir,
Q You have refreshed your recollection from your notes at my
request, have you not?
A Yes, sir,
Q Now, do you recall my asking Corporal King a question with
reference to whether or not he sav/ Henry Jvipiter?
A Yes, sir,
Q On the night of August 14, 1944? .. -:
A Yos, sir; I have It hure,
Q All right. Will you read to the Coui't the question that I
asked him and his answer thereto?
A Question by Major Beeks : 'Did you se-o Henry Jupiter? Answer
by Corporal King: No, sir. Question; Do you know Henry
Jupiter? Answer: Yes, sir. They could have been there but
I just didn't see them.
Defense: That Is all,
RECRCrS" EXAMINATION
Questions by Trial Judge Advocate:
Q When was that; did you say?
A That was on November dtli,
Q You v/rote out the njuae Henry Jupiter in your notes, I
assume?
A Yes|, sir. Generally on those odd nimoii I write them out,
Q And you considered bhat an odd name, so you v/rote it out?
A Well, yes,
Q And have you checked your transcript v;if!a your notes in the
last day or two?
A No, ' •
Q It was tvra or three days ago?
A No, it v/as, I imagine, about a v;eek ago,
Oh, about a week ago. And the transcript you m:-de at that
time you compared v;ith your- notes again.
A Yes, sxr,
1599
Q \Ylay did you do that?
A Vifell, thore Is no ;,oartlcular reason for it, except I wanted
to refresh tny nomory, I have it dov/n hero as Henry Jupiter.
Q, Refresh your memory as to what?
A As tc the whole transcript,
Q, So you took the transcript and you again checked your notes
with the transcript, was that it?
A Yes, sir,
Q You did that, I assume, only for the purpose of making sure
of the transcript, wasn't it?
A V/ell, yes,
Q V/oll, there wasn't any doubt in your mind bxit v;hat you had
transcribed the notes correctly, was there?
A No; I can go back on my notes and transcribe them at any time,
Q, I realize that, but I y/anted to know v.hy you checked them
again a week ago and compared them with the transcript,
A. V/ell, for the simple reason that I thought I might bo called
in Court,
Q, Well, you wanted to check them again to make sure that they
had been accurately trans ci-ibed, then?
A Yes, sir.
Q Well, that is what I thought.
Trial J"vidge Advocate: That is all,
De^onso: Ho further questions,
Prosident: Any questions by the Court? If not, the
witness may be exciised.
• There being no further questions, the witness v/as excused
and withdrew.
Defense: At this time, if the Court please, there is a
stipulation which has been entered Into betwean Counsel for
the prosecution and Counsel for the def ens j that I would like
to read to the Court.
Law Member: Just a minute. Is this a stipulation per-
taining to C}iargo IT?
Defense: That's right, sir.
Law Member: Pertains to the Captain in the hospital?
Defense: That's right.
Law Member: V/hat is his name?
Defense: Ernesto Cellontani,
1600
/
Law Menbor: If? the stipulation in the form if ho was.
present ho would tsiiJtify such and such a way?
Defense: It is that type of stipulation.
Law Member: Larkin, Jones and Ilurks, will you plcaso
stand up.
The accused, as roqucsted, then aroso and faced the Court.
Law Member: There appears to be a stipulation before the
Court pertaining to Charge II in which you three gentlemen are
the accused. The stipulation is to the effect that if Captain
Cellentani, who is confined in the hospital, wore present he
would testify in the mariner that probably is sot forth in that
stipulation. How, the Trial Judge Advocate and your counsel
have agreed that this stipulation may go into the record. Do
you also so stipulate, Larkin?
Corporal Larkin: Yes, sir.
Law Member: And you, Hurks?
Sergeant Ilurks: Yes, sir.
Law Member: And you, Jones?
Private Jones: Yes, sir.
Lav; Member:
of the Court, th?
Okeh. Subject to objection by any member
stipulation will be received and now hoard.
Defonso: I hear no objections?
President: No objections. The stipulation may be received.
Defense: It is stipulated by the Counsel for the pros-
ecution and the Counsel for the defense that if Captain Ernesto
Cellentani v/ere called as a ■.vitness for the defense in this
case, ho would testify as follows:
That he is assigned to the 28th Italian Quartermaster
Service Company, and that he was a member of said organization
during all of the period it was stationed at Port Lav.'ton, ?/ash~
ington, being its highest ranking Italian officer.
That his education has boon as follcvs: Five years
elementary school, eight years secondary school, two years
university, and four years military academy training.
That ho has had thirteen years service as a regular
officer of the Italian army, and that at the time of his
capture in Tunisia ho hold the rank of captain.
That he 1-cnew Gugliolmo Olivotto, wlio was an Italian
soldior and a member of tho 28th Italian .iuarterraastor Service
Company.
That Olivotto liad an abnormal fear of Ilegroes, which was
duo to mistreatment of him by French Moroccan colored troops
whilo h- and other Italian prisoners were being transported
thro\agh Frencli Morocco by Pronch Moroccan colored troops as
their guards.
1601
That he had talked to Olivotto wfho rovoalod this fear to j
him on several occasions, and that Olivotto bolievod he v/as in 1
danger of being injured by the Negro soldiers stationed at ^5
Fort Lawton, Washington. ,. :j
That Olivotto v/as quiet, untalkatlve, stayed to hlnself '>'' 1
and did not make friends v/ith others In the company, and that \
ho had been observed to have this behavior since liay 1944. |
Trial Judge Advocate: That is since the time he know him, |
isn't that it? Didn't ho say since the time he knew him? I
Defense: Well, I thinl: that is pi-oba'oly true. So far as i
I know, that probably constltuos all the period that he knew i
him. I don't knovi' v;hether that is a fact or not. It Isn't in
the stipulation. I think it is probably true, Counsel.
Counsel for the defense then continues reading the stip-
ulation.
Defense: That on or about 17 July 1944 he roqucstod v
Captain Dcckman to send Olivotto to the hospital for a complete ^
mental and physical cxaiaination. j
It is further stipulated by the Counsel for the prosecution j
and Counsel for the defense that the foregoing may be road in
ovldenco as if Captain Ernesto Collontani had personally testi-
fied as a witness for the defense. Signed by Leon Jaworski, |
Lt. Colonel, JAGD, Trial Judge Advocate, and V/illisim T. Books, ,:]
Major, JAGD, Dofonso Counsel.
Law Member: I think that stipulation ougtit to have an j
e:5chlbit number. i
4
Trial Judge Advocate: I don't think so because wo have not ]
agreed to our exhibits that way; that they go into ovidonco, ]
Y/o have merely agreed it may be road into evidence and that is J
all that stipulation was agreed upon. It may be read into ]
evidence. The Court understands I am not stipulating those aro ;*
the facts. I have merely stipulated if the witness did come in
he would testify to those facts.
Dofonso: Is the Court ruling on its own suggestion? 1
Law Member: Well, if it Is just stipulated it would bo j
read, that answers it. |
Trial Judge Advocate: That is all the stipulation goes to. |
Defense: Now, if the Court please, the dofonso has no more
evidence available at this time and is willing to rest and let
the prosecution conmonce its rebuttal, provided, however, it is
distinctly understood that when further witnesses which the
defense has requested aro available that the defense will be
permitted to put those witnosses on out of order.
Law Member: Wouldn't be any quostion about that. Major.
Trial Judge Advocate: You have rested subject to tho right
of putting on those other witnesses?
Defense: That's right.
1602
I
j
Law Member: I sap-^osc that is a question for the Court, so I
-^m goinp, to add subject to objection by any mombor of the Court the s
defense rests, vdth the rif!;ht to reopen if further evidence becomes ^
becomes available. t
Trial Judge Advocate: Well, I think that is, of course, limited \
to such evidence as may come from these other parties. Certainly I |
don't want to give him carte blanche authority to put on anyone. I
I
The Trial Judge Advocate and Counsel for the defense then conferred i
with the Court, and the follov/ing further proceecUngs occurred: i
Law Member: It has been agreed between Counsel and the Court that '
defense rests at this time with his rights reserved to place upon
the witness stand any v/itnesses that may be available to him if and j
when they are returned from overseas, and the additional right is 'i
reserved for the accused John S. Brown to take the stand if deemed i
desirable at that time.
■I
Trial Judge Advocate: Is the Court ready to proceed with the hear- J
ing of rebuttal testimony of the prosecution? i
President: Yes. '\
■|
Captain Charles 0. Sturdevant, Medical Corps, a witness for the |
prosecution in rebuttal, v/as sworn and testified as follows: |
DIRECT EXAMINATION i
Questions by Trial Judge Advocate: |
-J
Q, State your name. 1
A Charles 0. Sturdevant. - |
Q, What is your given name? J
A Charles 0. Sturdevant. . I
Q, And your rank? l
A Captain, }
Q And your assignment? i
A At present I em assigned to the Station Hospital, Camp McCoy, ^j
Wisconsin. 1
Q Station Hospital, Camp, McCoy, Wiscon in. Captain, v/hat was your ]
work or your profession in civil life? I
A I was a physician and surgeon, spec iali-.: ing in neuropsychiatry. ■
Q Specialized in neropsychiatry. Now, what medical school c -■:1' * .-'.
or college did you attend?
A I graduated from the University of Nebraska.
Q, You graduated fron the University of Nebraska. Now, when was thaf?
A In 1932.
1603
0,
A
A
Q.
Q
0.
You had a fellowship in neurology
For how long?
From 1935 until I came into the Army in 1942.
Now, prior to the time you entered the Army did you have occasion
to advise or consult on matters relating to neuropsychiatric mat-
ters;^ did you have occasion to advise or consult with federal
officials and, if so, what experience have you had along that line*?
Well, I worked as a consultant for the U. S. Attorney's office
for approximately five years, and in the Federal Courts in Oregon
and for the District courts in the city of PorlJand.
And when did you enter the service, Captain?
A I entered the service on doptember 23, 1942.
V/ere you ever stationed at Fort Lawton?
A Yes, sir.
What period of tine, please?
A From October, 1942, until about October of 1944.
And what particular assignment did you fill during that time?
A I was chief of the neuropsychiatric section at the station hospital,
Fort Lawton.
1604
Q In 1932. With what degree?
A Deg;ree of M.D. — Doctor of Medicine. *
i
i
Q All right. Did you pursue your studies further after that? -J
A Yes, sir, I did. >i
Q TjVhere'? I
A Well, I had a fellowship in neurology, J
q
A Yes, sir
'I Yes, I want to tell you one members of the Court are straining ]
their ears trying to hear you, and I want you to forget you are 1
talking to me and speak out loudly so they can hear you. i
A I had a fellowship in neurology at the University of Nebraska, >
and I worked there two years in the Department of Neurology and i
Psychiatry. After a rotating internship at Emanuel Hospital at j
Portland, Oregon, I held a fellowship in Colximbia University at i
New York City in psychiatry. Subsequent to that time I returned ";
to PorBand, Oregon, where I was associated on the staff of the med-
ical school until I --- j
j
Q At what University? You say you: returned to Portland, Oregon, "I
where you were associated on the staff of the medical school. i
What school? "j
A The University of Oregon School of Medicine. j
Q Chief of the neuropsychiatric section at the station hospital,
Fort Lawton. Now, Captain, did you or not have occasion in your
work as chief of the neuropsychiatric section of the station
hospital, Port Lavrton, to examine an Italian soldier by the name
of Guglielmo 01 iv otto?
A Yes, sir, I did.
0, Do y( u recall -.vlir.n that v/as?
A May 1 refer to xiiy nctos? ' I
1 Yes, you may.
A I saw him on July 18 ^ 1944, 1
Q July 18, 1:!44. Did you or not at that time intervievi? him? j
A Yes, sir, I did. :j
And approximately how long did you interview him?
A Oil, I should judge from thirty minuter to an hour.
Q After you, completed your interview v-.s he kept in the hospital
or was he permitted to return to his organization?
A He was permitted to return to his organization.
Q, All right, sir. Now. in the course of that interview I v^rill ask
you to te.'-i the Couro vh^jt'ie^r or not Olivotto expressed to you
any sort o:" an anyiioy or -.ny sort of a particular fear, and, if
so, just -;r:at it wa^^ -- j.iLit what he told you.
Defense: Did Olivotto talk directly to him? ■ •
Trial Judgb Advocate: V/ell, let me develop that. • ;
.i
Q V\f as thero an interpreter present at that time? ;
A Yes, sir. i
Q And vho wac that interpreter, do you remember?
A I don't recall his name. He was the regular interpreter who
ordinarily accompanied the patients when they ceime for interviewa. ,
Q That was the usual and normal manner of handling of interviews i
with the It^i^n prisoners of war? j
A Yes, sir.
1
Q Do you or not yourself speak the Italian language?
A No I don't speak it. "I
(I Well, how would you go about the mattor; did you ask questions ]
through the interpreter? '
A Ordinarily the inter'pxetGr would come in telling me the nature
of the patient's compa.clnts, and then Lhroigh the interpreter
I would inquire fur'-hor as to the complaints and try to develop
the story of his illnsss as much as possible.
1605
Q, And on this particular occasion did you or not ask questions
through the interpreter so tho patient could give you answers?
A Yes, sir, I did,
Q, And did you or not in that manner attemDt to determine what the
complaints v/ere?
A Yes, sir.
Q Did you or not in that manner attempt to advise the patient?
A Yes, I did try to advise him.
q And state to the Court v;hether or not that v/as the manner in
which you roachecl your conclusions as to the patient?
A Yes. There was nothing unusual. It v/as purely a routine method
of examination with an interpreter present.
Q, All right Now, Captain, I will ask jrou at this time to oell the
Court whether in the course of that interviev; that you had through
the interpreter with Olivotto he expressed to you any particular
concern or any particular fear that he had, and, if so, what was i^
A Yes, he did express concern and fear
Q As t o what?
A Concerning his contact with Negro soldiers about tho post. Throu^
the interT^retor I learncc that he identified them with some fears
he had had! with native troops he had encountered in Af rica, and
t hey frightened him. Tie identified them with, I think the inter-
preter told me, Moroccans he had seen.
Q, French Moroccans?
A French Moroccans he had seen in Africa. . .
Q, Now after that was disclosed to you, did you or not undertake to
make any statements to the patient or to assure him in any manner?
A Yes, I discussed the thing with him, as much as you can under
those circuiastances, and tried to talk back to him through the
interpreter, assuring him these men v/ero our ovm troops; that
they were here in training and he had nothing to fear from them,
and they were not in any way identified or attached to anything
of which he feared, and I felt that he was rcastjured as a result
of this interview.
Q, All right. Noy>^, in your neuropsychiatrlc work when a person has
some fear or -shows some concern about a matter, what is the term
you apply to that; is that anxiety state or anxiety fear?
A Insofar as this specific instance is coiioorned, I interpreted his
reaction as one of an anxiety state „
Q Yes. Now just tell tho Court whether or not such a matter as an
anxiety state is a usual or an unusual thing in connection with
soldiers who have been in battle or who have had oxporiencBS of
combat?
A It is rather usual.
1606
Q, Rather usual, did you say?
A Yes, sir.
Law Member: Objection overruled.
Q, Will you answer that question please, Captain?
A I can answer it in general sort of terms-
Defense: Well, if the Court please, if the doctor can only
answer in general terms, I think it is clearly objectionable — if
ho cant give testimony as to a specific individual.
A I can give a specific answer so far as this individual is concerned
and so far as this individual suffering from an anxiety tension
state at the tiije I sav/ him.
1607
Q All right. Now did you or not at the time of that interview, j
and as a result of your investi.'^ation, did you notice anything 1
that indicated that the patient had any thought whatever or any |
tendency or possibility of self-destruction? j
A No, sir. I didn't notice anything that led me to think that at J
all . I
Q All right, Nov/ I believe you told the Court that that was on \
July 18th? ^
A Yes, sir. |
Q, Was that patient ever returned to you again? '
A No, he wasn't. V/hen ho left, as I say, I felt he was assured,
and I told the interpreter to take hir-i back; that I felt he
would be better off in his company there; that he should try .
to reassure him if ho expressed these fears again or bring him ^
back to me at some later date if he wished, and he was never
brought back,
}
He was never brought back. Now, Captain, I want to propose to
you this hypothetical question. Let's assume that a person
having an anxiety state, such as you discovered in Guglielmo
Olivotto when you talkcc^. with him, finds himself in a situation -i
late at night when he is arroused fro.n his bed in which the area
in which ho liven is attacked by Nc,i;ro soldiers and he decides
to jump from his barracks, and as ho, ft^i-paros to do so he calls
to one of those v/ho slept in his barracks with him, asking him a
to go along, and after he jumps he calls words to the effect, I
"Oh, Mother of Mine" and is then grabbed by some Negro soldiers .i
who proceed to take him a distance. Assume that the person whom
you have talked to, Guglielmo Olivotto, has an experience of tint
nature, I wish you would tell the Court what possible reactions
can set in with a person of that type under those circumstances
with respect to defending himself or acting helpless and poweiOess.
1
Defense: Objected to, if the Court please, as not containing
all of the facts in evidence' containing facts not in evidence;
of having no value to bhit court because of the time interval I
between the time this doctor examined him and up to the time of
August 14th, nearly a month later; and there being no evidence of =
his dondition at that time. !
^
I
Q, Speak a littlo louder.
A I say this Individual was suffering from what I interpreted
as an anxioty tension state at the time I sav/ him. That
ansiety had its origin in experiences vhich were connected
mth his previous military experience. His fears were
specific and directed towards individuals of color. I am
sure that encountering them under a set of circumstances as
have been set up that his reaction would be one of fear.
Well, now, what he v/ould do in response to fear, and it
probably would be an intense sort of fear because this was
specifically the sort of thing he would foar, was harm at
the hands of someone of color, I am sure that encountering that
sort of thing he vrould probably bo thrown into some sort of
panic, V/ell, some people run when they have a panic. V/hether
he did I don't think one can say. Some people will fight back;
sane pooplv. v/ill freeze or have the so-called startled reaction.
i
Q, Will you explain what you mean by freezing and what you mean by 'j
havii^ a startled reaction? )
A V/ell, an individual so overv/helmod by a frightening experience j
that they become jdisassociatod in the sense that they Cannot ■j
initiate movement. They would stand oven in the presence of the i
thing they fear and not be able to do anything about it. It is 1
the sort of thing we encounter in battle experiences occasionally. ]
i
Q, If such a freezing or startled reaction ao you have mentioned i
should set in, would or not the person then do anything? \
A No, he is Just immobilized. i
Q, Just immobilized?
A Under those circxmatances.
Trial Judge Advocate: You may have the witness. !
CROSS EXAMINATION j
i
Questions by Defense: |
i
o Doctor, do you have you3? full hospital file with you on Olivotto? j
A There was no hospital file. Hev/as never hospitalized-- j
Q, Well, your full clinical record there? .1
A I have my clinical records: . "^
i
0, You have that? ]
Z And notes, _:
Q There is nothing at the hospital now p.ortaining to Olivotto |
or at the dispensary that you don»t have with you?
A There is a dispensary card always, file, on all patients.
Q, That contain any inforiiiation you don't presently have with you?
A No, I don't boliove so.
1608
Q, Doctor, I v/ant you to assume hero for a moment that Colonel "]
Jaworski takes mo down to you for examination, for physical \
and mental examination and I v/ant you to tell me, Captain, |
just exactly how you would proceed; what you do and exactly what ]
questions you would ask mo, supposing that Colonel Jaworski
tolls you that I have some unusual fear of something or other;
I want you to tell this Court, now, just exactly how you would J
sit me dovra and what quootions you would ask moc 1
A Vifell, I would probably ask you about your fears specifically and 1
,■ the circumstances under which it developed, and try to determine j
exactly v/hat your attitude toward this fear mieht bo. |
Q, Ask me anything else? 'j
A Well, certainly. I would probably ask you a groat deal more \
over a period of time, I may not ask you. more that day in i
private practice bocauoo the first attempt would be to establish \
some sort of a personal relationship with you where I would \
give you time to knovvr mo andg ain some confidence in my question- • ]
ing, and during the first interview I may not see you long •
enough to got acquainted \'/ith you s
0, V/ouldn't you want to knov/, the first thing, about my family
history, doctor?
A Perhaps not the first ti:..ao I saw you '^
Q, V/cll, v/ould you want to know it the second time? i
A Yes, urobably over a period of time I would develop things as 1
your inclination to talk about these things came into the fore- ]
ground; as you v/oiild gain confidence and be willing to tell me. j
Q, Did Olivotto have a ;f,reat reluctance to talk to you that day? 1
A No; I had to talk throu':';h an interpreter. j
Q, V/as he reluctant and fearful? \
A Somev/hat reticent and backv/ard in his responses, yes.
Q, V/oll, was he sullen about it?
A No, not at all.
V ,y i
Q Isn't it a fact, Doctor, the first thing you do when any new 1
patient comes into your ofj'ico is to get as complete a family \
history as if possible, to g>jt? •j
A No, that isn»t the first thing I do when a patient comes into my |
office. . . \
Q, You don't follov/ the regular paaactice? i
A Yes, I do, . , j
Q, You are never interested in a patient's background?
A Yos, I am V ory definitely. .^
1609
Q, But you vrould rather have him come to you throe or gour times
before you attempt to find out v/hat that "baokgrpund is?
A It is far more important to get on a friendly basis Tt;ith your
patient before you begin inquiring into points in fejnily history,
about which the patient --
0, (Interrupting) That is only v/hen the mental condition of the
patient is such v;hen you must get on a friendly basis?
A No, t hat is true of all patients.
Q, You mean the patients who come to you usually aren't friendly?
A Yes, sir, I mean patients who come to mo don't wish to come
originally; may be brought by relatives — ■
Q, (Interrupting) V/au that true with Olivotto?
A No, he was brought by an interpreter.
Q, And ho was friendly?
A And he was friendly,
Q, And you didn't need to get on a friendly basis with him, did you?
A No; I wouldn't even attempt to. I try to get the facts for the
3*oason he was brought there; and that is true generally when you
examine a patient in private practice or in the Army, you try
to .< get the facts and try to get on a friendly basis with them
Q, As a matter of fact, you weren't trying to get on a friendly
basis with him because he was friendly when he came in?
A He was a stranger as everyone is strange who comes to a doctor,
but he was friendly.
Q, V^^as he friendly or not friendly?
A He was friendly, yos,
Q, So you didn't have to get on a friendly ba^is v/ith him?
A Have to give hira an opportunity to got acquainted. Let's put
it that way,
Q, Before you attempted' to make any sort of a diagnosis it was
important for you to laiow all his family history, wasn't it?
A Not entirely,
Q, You don't care v/hat his pa;.t associations have boon, what his
past illnesses have been, v/hat the hereditary conditions might
have been in his family -- they are unimportant?
A Oh, v:,ry important to me.
Q Those are important conditions?
A Yes,, sir.
<1 Yes. You never did obtain those conditions?
A No, sir, I didn't.
1610
Q, By the way, what was this patient's age; do you have that in
your record?
A I don't know. (Refers to personal notes) 33.
q. 33?
A Yes, sir. I might -
Q, (Interrupting) Did you attempt to make any check that day of
his reflexes?
A No
Q, Well, that is important in giving a physical oxemination?
A I didn't do a physical examination.
Q, Well, that is what the request came in to you for, isn't it:
asked for a mental and physical examination?
A That's rights but I didn't do the physical examination.
Q You ^ didn't do a physical.
A Ordin rily I do not, or did not do the physical examinations
of those patients v;ho came in.
Q Well, is that the practice you followed in civilian life. Doctor?
A No, sir.
Q As a psychiatrist is it not the usual practice to make a physical
examination v;hen you handle the patient?
Law Member: Major, there is nothing in that exhibit that said
the psychiatrist was to roake a physical examination; that letter
was addressed to the hospital surgeon.
Defense: All right, I am asking him the further question' if
he did and if it was the practice in civil life to make physical
oxaiElnations v/llcn ox.imining patients for psychiatric reasons.
A Yes, sir, I did, dependinf: at times whether or not they were
referred to mo by a man vho had just gone through all of that.
Sometimes they were referred by a very good internist Y/ho would
check them carefully, and 'n those instances it was not necessary.
Q Yes; but if a case has not been referred to you by someone who
makes such a type of oxojnination, it is always done, isn't it?
A It is alv/ays done,
Q It^is always done, yos, because there ore certain basic factors
which you must knew in doteraiining your diagnosis, your prognosis,
as well as your troatiaent, that can only be reveetled by a phys-
ical examination, isn't that right?
A Certain things, that is true.
V/ell, when a man coinofi into you complaining about evurytMng,
might have some psychoeis or an anxiety complex, you are
1611
interested in knov/ing too whether he has a toxic condition,
are you not?
A Yes, I would he.
Q And by toxic v;e mean a generalized infection of some kind*?
A Yes.
Q Yes. Didn't you think that was an important condition to
know insofar as Olivotto v/as concerned?
A He had no appearance v/hich led me to believe he was toxic or
in anyway physically 6:is. blod.
Q Well, if, in fact, he v;ere toxic, you would have wanted to
inquire a little further?
A He would have had complaints which would lead me into that sort
of an inquiry.
Q, Yes; but 2 say if it is a fact he had a toxic condition
you would have v/anted to inciuire a lot further before
coming to any definite oonclusion'?
A Oh, yes, certainly.
Q Now, isn't it a fact he had a diseased tonsil condition. Doctor,
and he had been advised st this hospital to have a tonsillec-
tomy and refused to do so?
A Not to my knowledge ^ . ."
Q Not to your iaiowledge. But a generalized toxic conation could
result from infected tonsils, couldn't it?
A Have to be very severly infected.
^ Jiis't there something in that record there which shows that
he had an infected tonsil condition?
A I have never seen it if there is. These are my ovm notes,
a copy made by my secretary from my own handwriting, and I have
nothing here to indicate it.
Defense: Oh, I am quite positive there is. I wonder if we
might have a five minute recesg and the doctor call the hosT^ital
and they could send it d'cr/m here.
Trial Judge Advocate: Do you have a copy of it?
Defense: No, I don't have.
• ?"? Witness: I ht^ve ^jeen a card that was witn this when I
picked It up from the surgeon, v^hich is the dispensary card. Now
^r Tl iu "" ^^^^^nse or portions of a sentence written on that '
™S' T^,^?I weren't pertinent to this and it is the hospital
or not recall whether it mentioned the tonsils on that card
Defense: Well, I think tho one I saw did.
LawMerber: Let's get i*., i don't see where it is material.
1612
Defer. 36 : I think I can develop where it is material.
President: The Court will take a fifteen minute recess at this
time and reconvene at five minutes to three.
The Court thereupon recessed at 2:40 p.m., and reconvened at
3:15 p.m., 13 December 1944.
President: Is the prosecution ready to proceed?
Trial Judge Advocate: Ready, sir.
President: Is the defense ready?
Defense: Defense is ready, sir.
President: The Court will come to order.
Trial Judge Advocate: The record may show each of the accused
is present, as are all members of the Court, the personnel repre-
senting the accused and the personnel of the prosecution.
The reporter and interpreter were also present.
Captain Charles 0. Sturdevant, a witness for the prosecution
in rebuttal, was recalled and testified further, as follows:
CROSS EXAMINATION
Questions by defense:
Q Captain, you now have the hospital or clinical record that
was sent for?
A Yes, sir.
Q And what does that record indicate with reference to the tonsils
of the deceased?
Trial Judge Advocate: Nov/, of course, just so the record may
be kept straight, this witness apparently has no personal knov/ledge
of the matter at all; at least as far as the testimony now shows
he doesn't. However, we will raise no objection to the use of that
as the hospital record and just consider it as though it is authen-
ticated.
Law Member: By him.
Trial Judge Advocate: I can't say by hin, but I will not raise
any question as to that being the hospital record.
Law Member: I say, as if made by him. In other words. Colonel,
you are not objecting to the authenticity of the record?
Trial Judge Advocate: That is correct, yes.
■ ■ 1613
Law Member: This man evidently did not make the physical
examination nor the entries contained in this hospital record.
Q, That is an official record, however, of the station hospital
at Fort Lawton, isn't it, Captain?
A Yes, sir, it is a copy. It appears as a copy,
Q, As a copy of the official record?
A Yes.
Defense: You are not raising any objection, as I understand,
because it is a copy?
Trial Judge Advocate: NOj I will not raise any.
Q, What does that record indicate with r ef erence to the tonsils
«.-_ of the deceased?
A Ree.ding directly from it, it states: "Infected tonsils** —
Law Member: Louder, now,
A — (continuing) it states: "Infected tonsils ; deviated septum,
right, severe." Under that the date: ''6-25-44; refuses surgery"
and the medical officer's signature, or not his signature but
his name signed v^^ith the initials of his secretary or someone
who apparently signed for him.
Q, Well, the tonsils, Doctor, were considered in a sufficiently
diseased condition to necessitate surgery, were they not?
Law Member: This doctor can't answer that question.
Defense: He has got the record.
Law Member: V/ell, he can say what the record shows.
Defense: V/ell, all right, I will ask for the doctor that made
the record and treated the man;
Trial Judge Advocate: Ycu have a right to call him anytime you
want to, I have agreed to cut it short by agreeing; but as the
Law Member said, how can he state?
Defense: 'vVell interpretation doctors can put on records from
the notations that appear thereon.
Trial Judge Advocate: Let's see if he can answer the question,
I don't see how he can.
Defense: Just trying to save you time. If you want me to
bring that doctor, I will bring him.
Trial Judge Advocate: You will have a chance to ^ut on testimony.
A Well, from the record here it would appear that the tonsils
were infected and the septtim is deviated to the right, with
a severe deviation, and I can't tell from the record --
1614
Law Member: No, but you can say whether surgery is recommended.
A I can say apparently surgery was recommended because he refused
it. Now, I can't say whether the surgery was recoraiaended for
the deviated septum or for the tonsils because it doesn't indicate;
Q, It does indicate the tonsils were infected?
A That's right.
<i
Q And infected tonsils v;ill produce a toxic condition? ]
A Sometimes, yes, sir. I don't thin|c you could say from the ^
record, though, for which part the surgery was even recommended. 1
Q All right. Now, Doctor, refer to his other record a moment
agair, will you, and give us just exactly in .detail the history
you got from this patient. i
A Well, through an interpreter it was learned that — '
Q, (Interrupting) By the way, is that history appearing there in
your own handvn?iting?
A Yes, sir, this is my ovm handwriting. That —
Trial Judge Advocate: (Interrupting) That of course, that
question is limited to what the patient told you through the inter-
preter; that is correct?
Defense: Vfell, I don't think it is. Well, I will ask him at
this time --
Law Member: (Interrupting) How else could this witness
possibly get a history if he didn't get it through an interpreter?
Defense: From the patient he couldn't, but he may have gotten
some history elsewhere which he used in forming his opinion.
Trial Judge Advocate _ V/ell, that wouldn't be permissible.
Defense: It is permissible to ask this v/itness every circum-
stance he took into consideration in reaching his conclusion and
opinion in this case regardless of where ho got iU from.
Law Member: That is Correct.
Trial Judge Advocate: Anything he might have been told, though,
from a different source other than the patient himself--
Law Member: (Interrupting) Well, he was asked about this parti-
cular record at the time.
Trial Judge Advocate: That's right; that he obtained from the
patient.
Defense: That is a point that is coming up and we might
1615
as well thresh it out now.
Law Member: I will toll you how I am going to rule. I am going
to allow any history, allow this man to testify to any history
he took and based his conslusion on.
Defense: 17 hat was the questions that remained unansv^rered?
( Question read by reporter)
Law Member: That questions is clear; that you got from the
patient.
Trial Judge Advocate: That's right.
Defense: That's right,
A May ■> explain a bit further before I go on with that?
Law Member: Yes, Doctor, if you can talk louder — you can
talk louder than that,
A This record, these notes, some of thorn wore taken from the
patient, some v/ore from information givun me directly from the
interpreter from talking to the patient.
Q, I will reframe my question, then, and ask you to givo us the
history you got regardless of the source at the time you examined
Olivette.
Law Member: VJhich appears in his statement .
Defense: I want to knov/ all the history he got whether it appeals
thereor not.
A He said ho saw Negro soldiers around; that he through they
were French Moroccans — that is the statement as I recall the
interpreter gave — and hvj thought they v/ero De Gaullists.
Law Member: I am b'..ginnins to think you have tonsil trouble '
unless you speak Up more. V/o can't hear yoUo
A Ho thought they were French Moroccans, he thought th^y were
DeGaullists, and stutud that ho had seen some of those fellows
who had cut legs and arms off Italian priBoners and treated
them cruelly. That it^ information I got from the intcrprut^r,
and tnrough questioning the man. Further the interpretur told
me he doesn't associate v.dth the other men as much as others;
that he tunds to remain by himself and seems to talk to himsulf .
Trial Judge Advocate: Now that part was something the inter-
preter told jrou?
The Witness: Yes, , .
. 1616
Trial Judge Advocate: A.nd you didn't got it from tho patient.
Q He Joesn't associate with others, Doctor, and what else?
A Remains alone quite a lot; seemed to talk to himself at times.
Trial Judge Advocate: If the Court please, there is absolutely
.\o predicate as to whore the interpreter may have gotten the
iaT?crmation,
^ Law Member: Yes; but, Colonel, the doctor took all this history
into consideration.
Trial Judge k:^vj:.c.to: That is true.
Law Member: In r.iaDhing his conclusion.
TriaJ Judge Advocate: That is true, but then it ought to
be limited only as something that v/as told him in connection
wir,h tho examination he made and the conclusions ho reached and
not be considered as evidence of those facts. In other words,
it cannot bo considered as evidence.
Law Member: Oh, it would be definitely bo heresay.
Trial Judge Advocate: All right, let's let it be limited to that,
Defense: Oh, it is quite clear. I am not asking to give it
as proof of the fact uhat actually occurred, but it is a history
that this doctor took into consideration in making his diagnosis.
A Further, we learned in questioning him he was a truck driver
in Africa and that Ue moved out before he was attacked. The
interpreter said his Captain didn't think --
Trial Judge Advocate: Just a moment. Now as to that, let mo
have your notes just a minute. .
The Witness: You won't be able to read my handwriting.
Trial Judge Advocate: Yoc, I think I can road it. (To Defense
Oounsel) Now come u? horo. I think the Law Member should see this
latter part. This is ob-viou?..-y someone else's conclusion; it is not
the history now. (Hanclr. -c.t-oss' notes to Law Member).
Q Did you take that Li^ttcr part of the history into consideration,
. Da.ctor, at that tine?
A Yes, certainly, I took it into oonsidort^txcn in making a dooision
as to his disposal,
1617
Defense: I think it is quite clear it should come out if the
doctor took It into consideration. Not as truth of what actually
..appened, or what took place, but it is a factor this doctor took
into consideration. Doctors, if the Court please, in proscribing
lor patients often base their opinions upon numerous things that
they learn by hearsay. They can't be bound by strict rules of ev-
laence m determining the history and the factors which they think
V^C i^^Portant for prescribing for patients, and we have a right
to have everything before this Court that this doctor took into
consideration m making a diagnosis or disposition of this case.
o Jfif"'' ^^^<le«^ Advocate: But, you see, what j^ou have there is not
t Z I ' ^°^ ^^"^^ ^^^° anything that is presented to someone as
a lact; you merely have someone else's opinion or conclusion,
mat is all that relates to, the whole thing, that information. I
^ISl c.°°^S''^7'^^ °^ ^^ '^^^^^S admissible for any such purpose. If it
7h?L? S r^?? ?"" ^°""^ circumstance, it would be an entirely different
tnmg, but It IS just somebody's conclusion that he jotted down.
Law M'.mber: It is what somebody else thinks.
Trial Judge Advocate: Yes, that's right.
+ «^?®^®^^^' ^"^^ *^^^ ^^^^1 f°™s ^ factor in what this doctor
took into consideration.
Law Member: I am going to overrule the objection and take it
as part of the history.
Trial Judge Advocate: And jutet limited to that. .
Law Member: Oh, definitely.
The Witness: v7ell, shall I go on?
Law Member: Go on and read.
A As is customary, J try to find out what the man is doing in
his company, and this lat;:or sentence is an inquiry along that
line. He said the Captain dc-sn't think he is completely off his
°^?^^.^^i thinks he should cc ovserved in his company for a time,
and that is the end of my not.'s here. Now the rest of the examin-
ation consisted of asking questions specifically of Olivotto, try-
^^^-u 2/^^^^^^^ ^^^ ^^^^"^ ^^^^ ^^' actually he did have a fear of
SS^S?? i^^^°??^^^'^^^'^ ^"^ ■■^^^ ^^ actually was fearing or did identify
?Mq L*?i?^ i^t^"" ''''°?^f '''9^^' Moroccans. Aftor questioning him
this period of time end trying to assure hi.a on these points, I felt
he was not psycnotlc; these were not delusions. I didn't feel he
felt they were really Moroccans but he just feared the face, the
color, and I felt justified In sending him back to his company:
and his Captain had already indicated ho was getting along all rieht
there, so he was sent bc:ck after this examination.
1618
r^
'^. Well, of course, Captain, you couldn't deal direct with Olivotto,
could you?
A No, I had to deal through an intorprotor.
<l And you got the interpreter's answer to your questions?
A Yes, sir.
'1 And if Olivotto really though that these Negro soldiers wore
French Moroccans, that v/ould be a delusion, wouldn't it?
A Yes .
Q, And being a dclu^'ion it v/ould bo indicative of a psychosis
rathe J than a neurotic condition, wouldn't it?
A Yes, sir.
'I By psychosis we mean mental deterioration?
A No. .
Q, Insanity of one form or another?
A Insanity is the legal term.
Q Insanity, yes. And there are several forms of psychoses?
A Yes, sir.
Q, Now, what consideration did you give the fact, the history that
ypu . got, that he didn't associate with the others, reniained
alone quite a lot and he talked to himself; that is an impor-
tant circamstance too, isn't it?
A Yes, sir.
Q As a matter of fact, that is one of the first indications of
the schiBophrenic typo of Insanity?
A V/ithdrawn, yes, sir.
Law Member: With what? •' '
The V/itness: Withdrav/n; '• . -
Q, You moan v/ithdrav/al?
A Reticence.
Q V\rithdrawal froir. associations?
A Withdrawal from associations, and people, and that sort of thing.
Q As a matter of fact, the isolation of the schisophrenic is usual-
ly based directly on that failure of socialization, isn't it?
A I don't beliovo I understand your quescion. The isolation is
a failure of association, y^^s .
Q That is usually the basic cause isn't it?
A Oh, no. I don't exactly follow what you mean, I am sure.
Q Well, I mean the isolation of the patient or th(^ vrithdrawing
from the association of others is usually the first basic sign
that we have of the schizotihrenic?
A It is among ono of the- first signs of schizophrenia, yos.
r) By the v/ay, this schizophrenia is also laiown as domontia
praecox? . ■
A Ygs, sir, ■•
Q, Now was this patient, Olivotto, in the age group that usually
dovolop schizophrenia?
A No, sir, he was older.
Q, Ho was older. Isn't it a fact that in most of them the onset
usually occurs between 18 - 35 years of ago?
A Yes, sir, but usually younger than 33.
Q, Well, you are familiar with this ''Theory and Practice of
Psychiatry'' by Sadler?
A Yes, sir.
Law Member: you. recognize him as an authority, Doctor?
The V/itncss: I would rather not answer that question, if you
don't mind. He is an authority, yes, sir.
Q, It is one of the bo.slc textbooks on psychiatry?
A It isn't used in the medical schools.
You Fjan it wasn't used in the medical school ^ou vi^ent to.
A Or in any I have been associated with.
Q, You mean Dr. Sadler doesn't Icnov/ his business? So wo won't
bo under any misunderstanding of who Dr. Sadler was, he v/as the
chief psychiatrist and director, the Psycho Institute of Research
and Diagnosis, wasn't he?
A That's right.
Q And he was the consulting psychiatrist at Columbus Hospital;
fellow of the A_nerican Psj/-chiatric Association; a member of the
American Psychopathological Association; the author of the'-'Mind
at Mischief," "Piloting T'ouorn Youth," ''V'/orry and NervousnoHS,"
Physiology of Faith and Forr,- and "The "uest for Hap-oiness," isn't
that correct?
A I suppose. I have road the same group of titles, I suppose
that is correct.
Q, ''/oil, if Dr. Sadler said in his v/ork, speaking of schizophrenia,
that the onset of this disorder v/ith few exceptions occurs be-
tween the 18th and 35th years, would you think he is incorrect?
A No, that is correct, but I think if you break down those figures
further yea v/ill find moro of thorn occur before 25 than after.
It is essentially an illness of youth; that is why it gets its
name dementia praecox.
Q, With the schizophrenic, Doctor, the onset is oftentimes very
precipitous, isn't it; the first symptoms can show up almost
immediately?
A Those that are detectable to the lay person, yes, but if you
look into that picture you will find there is a smooth running
development that is detectable for over a long period of years.
1620
Q, Yes, but you have to look into those things, Doctor, don't you
to be able to know?
A. The lay person, I say, might not recognize it. For example —
Q. But I saw —
Trial Judge Advocate:
knows more about it.
Let him answer the question. I think he
A — (continuing) For example, a youngster will be in its home
and his parents think he is perfectly normal until they
suddenly realize this individual is hallucinating. They may
have noticed a reticence on his part to go outside and associate
with others and the fact he has difficulty making friends or
keeping them, and recognize it didn't seem, quite right for him
to spend his time in his room and so on. But when they suddenly
realize he is hallucinating they v/ill bring him to us and say,
■'Here there is something VvTong with this boy,'' and they have
accepted his withdrawal as perfectly normal behavior in the
past, whereas actually it hasn't been and the boy has been sick
a much greater period of time but it hasn't been recognized in
its own setting because people have become accustomed to it.
Q, In orccer to diagnose carefully you must have a detailed histoiy
over a period of time, must you not?
A You should have a history of the individual's whole life.
Q Whole life; that's right.
A That's right.
Q But when recognizable, discernible sjmiptoms do appear, that
sometimes occurs with shocking suddenees, doesn't it, in schiz-
ophrenia?
A I don't think you can say that.
Well^ let's see v;hat Dr. Sadler again has to say about it.
I think you can always find a background for it.
Trial Judge Advocate: What was thatlast?
The V/itness: I think jrou can always dig out the background of an
illness 6t this .kind. It ;^ust doesn't appear out of a clear
blue sky.
Q, You didn't have any background in this particular case, did you?
A No, sir, none except v/hat I obtained at one interview.
Q, Well, if Dr. Sadler in his v/ork that I have just mentioned
states that the shocking suddeness with which schizophrenia will
develop is overwhelming, you don't agree with that statement?
A Not necessarily,
Q You think it is incorrect?
A Yes, I do.
1621
A
BL
Q V^^ell, if in fact, Doctor, Olivotto really believed that these
Negro soldiers v;ere French Moroccans -- I think you have already
testified that — that would be a delusion on his part?
A If he actually believed it and it was a belief which he could
not be persuaded from. That, by the way, is a definition of
a delusion,
n Yes. Well, that in itself is an indication of a paranoic trend?
A Yes .
Q. Of a schizophrenic, isn't it?
A A paranoic trend, yes,
Q, And paranoics also are reserved, usually quite shy, aren't
they, in their early stages?
A No.
Q They are not?
A A paranoic is just quite the opposite.
Q, I am talking about the early stages of paranoia.
A Paranoic or paranoic-schizophrenic?
Q I am not talking about true paranoic ; I am talking about a
paranoic-schizophrenic .
A Paranoic-schizophrenics, they are likely to be more aggressive
than any oile of the other varieties.
Q Doesn't that usually come on following a shock of some kind
when they do become active?
A Noj not necessarily.
Q, Well, they have periods of remission also^ don't thoy?
A They have periods of remission, yes, where they are not as active.
Q, And where thoy act perfectly normal?
A On the surface.
Q, Yes. Well that is all vre see, on the surface, when we watch them?
A If you inquire, their delusions are there in a latent sort of way.
Q You can only tell when you take and sit down and question them
at length, isn't that correct?
A When you question you can find those things out, yes.
Q, Now, there is alsc a form of schizophrenia known as the catatonic
type?
A Yes, sir.
Q, And that type often comes about suddenly following some gener-
alized body infection or some sudden emotional shock, isn't
that true?
1622
A There, too, it is the 'oacksround of poor adjustment, which is 1ii e
condition upon which the catatonic reaction makes its ap.ooarance.
Q You rist know the backg.round to undorrtand the reasons for it?
A Yes .
'I But I say the catabonic raanifestations will appear suddenly fol-
lowing otxae typo of -'hferitiori or some rather abrupt
emotional shock?
A Or they nay not; come cv. •.rithout either.
Q Yes, I say thoy may. but I say they do follow those things
— a good many cf the cases on record?
A Yes, sometjmus; sometimes not. It isn't altogether typical.
•1 V/ell, v/hen you do hare a caaatonic t -po you do have marked
tendencies tovrard impul.ji v, acts?
A Yes.
Q, And often these are very definitely homicidal and suicidal?
A Yes, they may be.
Q, That is tru.u. And a very ommon type of escape in the schizophren-
ic is suicide?
A Not common.
Q Not common?
A No. • ■
Q, But it ocoiirs?
A It may occur,
^i , But i:: the c;:.tatonic tjrpo it is rather comiaon, isn't it?
A That nasn't been my experience.
Q That hasn't been your experience?
A No, sir.
Q, But it has occurred?
A I imagine it has occurred. I can't --Jive you figures on that.
In my ov/n experience I have never had it happen^ and I don't --
Q (Interrupting) Veil, Do?::()r, without a complete — in all fair-
ness. — without a ca.ipl(.te history of this man's activities for
a long period of tiia-v prior to the ti ue you saw him it wouldn't
be possible to rivo a;:. e.bDolute blcoic- v. djagno'jis of what
his condition was, vv-oufiO ;..t?
A I sav/ him suff icioncly to catjsfy myself as to what his condition
was .
Q, You were completely -.ati Tried?
A Not as completely as if I r.ore going to go on treating him,
I mean as a matter of cxpodienoo and so on. My whole attitude
towards the situation was here is a man who needs reassurance,
he is not delusional, he has a lot of fears, he is anxious,
he is tense because of these fears, and ho needs to be re-
1623
assurod; and if ho needs more reassurance at anytime, he should
"be brought back to mo, and that was my whole attitude toward
it. I satisfied myself his preoccupations were not of delusion-
al character and questioned him sufficiently along that line to
satisfy myself.
Well, his self -removal from the association of others, however,
is not usually associated with an anxiety neuroses, is it?
A It may be.
Q, But it isn't a usual condition?
A It is not unusual either. "r
Q, Did you give that factor a consideration?
A Yes, sir.
Q, You didn't think it was important?
A Yes, I think it wac- important in evaluating the whole picture;
particularly in the typo oi" anxiotjr reactions that occur in
combat situations. Aloofness, reticence and withdrav/al arc
frequently encountered,
Q, And you gave no consideration at all to the dolusionary charac-
ter of the history he gave you?
A I certainly did. I inquired enough to satisfy myself that his
fears were not of a delusional nature.
Q, By th>-' way, Doctor, did you have a V/assormann or a Kahn blood
test lade?
A No, sir.
Q, Isn't that usual and customary procedure to do that v/hen dealing
with a psychotic?
A Not necessarily so.
'l Isn't it a fact that the medical profession regards sjrphilis
usually as the "great ducoivcr"?
A That's right, and--
Q, (Interrupting) In other words —
Trial Judge Advocate: Let him answer the quostion. -'And,"
he said and started to explain it.
Q All right.
A I think it is sufficiBntly important alwo.rs when a patient is
admitted to my section her , and ever^^wherui I have boon, I have
always taken a routine blood Kahn or V'/asseraann; but, of course
I never admitted to that section unless I felt they were ill and
sufficiently ill that they needed further study.
Q, That is one thing that is v/oll settled in the medical profession,
that you must before making any diagnosis definitely rule out
syphilis?
A Yes, sir,
1684
0, And the reason for that is that syphilis vdll produce the symp-
toms of almost any disoaso known to the medical profession?
A Yds. Sir './illiara Osier has made that comniont in almost that
same statement, and it is still true.
Q
A
A
Without theopportunity of having s. en this man again later,
you don't know what his condition might have changed to or dev-
eloped into?
V/oll, I think I could predict reasonably that he v;ould get along
fairly satisfactorily or I wouldn't have sent him back.
Q, Now, you think that, as I understood you, that he was com-
pletely ijTffiiobilizod through fear?
A I don't know that ho was. I mentioned that as a possibility.
V/oll, now, what do you mean when you say completely immobilized;
do you mean his body muscles and evorythiiig were completely
spastic to the extent he couldn't use them?
No, I was relating some of the possibilities of a fright reaction.
Some individuals arc, v/hen I mentioned that, subject to startled
reactions in which they become disassociated; their mind may
wish thorn to flee and they can't, Thercis disassociation be-
tween the intent and v/hat they actually can do, and they stand
rigid. ■'
If this man was either schizophrenic or ;^redisposed to a schizo-
phrenic tjrpe of reaction, that sudden fright may have caused
him to take other action, couldn't it, doctor?
A It would be still a reaction of fear if he was schizophrenic.
Yes. That fear is one of the things that will bring on schizoplmn-
ia, catatonic type of schizophrenia?
A Is that a qaestion''^
Q Yes, isn't that right?
A Yes, sir. Fear of life itself and inability to adjust to the
ordinary threats that exist. The compensations that lead them
away from, socialization eventually unfit them for a satisfactory
social life, so that they fear more things perhaps than a well
s^usted person.
Q, And the history you actually got from this man is entirely
compatible with that of a paranoic delusion, isn't it?
A That vras not my interpretation,
Q, I say as far as the history is concerned it is compatible with
that?
A No, sir.
Q It isn't?
A Not as I inquired further into this thing, and as I say —
Q ( Interrupt ingt You say inquired further. V/hat do you mean, you
inquired further?
A T/7ell, I have this information here about his fears of
1685
fhn^J^^''^^''' ^^yinterpro nation of this information was that
those wore actually foars and not delusions.
"^^ iStorpJct^r?^ something that you got from talking with the
A Talking through the Interpreter with the patient.
"^^ il^nnii.^r\i! I ^""^h ^^""'^ ^*' ^^^^ ^ paranoic delusion
usually soarts with some actual occurrence'?
A Oh, yes, the delusion is ahout something.
'1 That actually took pTace'?
"" pSre?y°?ancSi: """-^ '°''''' °^ delusions about things that arc
'I That is tho general rule, isn't if?
!!2*.^ ^2u'^ b-li-ve so. They start out with misinterpretations
of something and then after into a realm of fancyV
'^^ Itllt^lilrt^J^^t^''^^''''^ "'^y ^* develops, but it will usually
start with some actual occurrence'?
A I'vich they misinterpret, job,
'i" IJ? Jl » , 1^^<^'7 iiy interpret or. J;hr;'y "mnytfaot'?
h J°o? "^^^''^ I follow you. You moan that the ixidividual has
had some injustice done him? xxxuxyxuuax nas
ll^hJ^'^V'' ''''''^ ^?- *^^^ passage hero and maybe you can tell
me what ho means. (Keading) "As a rule- —
Law Ifcmbcr: l/hat is the qu.^stion?
Defense: Maybe you can tell me what it means.
"^^ Itl^t^^^'' "^^^ P'-^ranoic trend has an actual occurrence as a
starting point, and then with individuals suffering from a -n^r-
deJisi^L'?'"^-"'''"'" '"^ imagination gradually bSfdf up paranoid
A That is correct.
Q, That is true, isn't it?
A But the incident:
^l (Interrupting) In other words, with Olivette the incident th-t
A |?f Pl^°o_in North Africa could be the starting pSnt?'' ^^"^
^^f' ^^^^isi^*«^Pr--''^ing of things may have been the starting
point--misinterprcted or actual. ^<^axuing
? ?°!^o^??\* know vv^hother misinterpreted or they actually occurrod-?
A I don't know v/hothor he oven saw them. occurroa.^
■^ hold?^°'' ox-- lined Olivotto, Doctor, did you find a scar on his
A No.
\ I°"'d?dn?t\'vnJ;?^ ^h^ ^?^ i^^K"" ^^^^ °^^- °^ ^°^ <^"^^'t oxam.ine?
as ? rScairat^aii!^ ^'^^•'- ' '^^^'* ^° ^ ^^^-ioal examination
1686
Q, Well, a previous head injury might have been of considerable
importance in diagnosing his condition, mightn't it?
A The knowledge of it would cause you perhaps to inquire whether
he had headaches or other signs of risiduals of head inju.ry.
Ho had no complaint in that direction at the time.
No, but I mean it might have produced conditions at the time
that that injury took place or following it v/hich vrould be im-
portant in making c. definite diagnosis of his condition at a
a later date, isn't tiiat true?
A That is a possibility.
Defense: I think that is all.
TriajL Judgo Advocate: The prosecution has no further questions,
if the Court please.
EXAMINATION BY THE COURT
'lues t ions by Law Member:
I take it there is no entry of syphilis on the card you produced
in Court here?
A No entry of syphilis?
Q Yos.
A No, there was no entry.
Defense: The card is silent, isn't it. Doctor; doesn't say
one way or tho other?
Trial Judge Advocate: That is what the Law Member has asked.
Law Member: That is what I have asked him.
A Nothing. States just v;hat I gave you.
Defense: The Law Member like that Card in evidence?
Law Member: Well, I don't care.
Q, Doc?bor, in ansv/er to the, hypothetical question you said that
the reaction in this man when faced with an attack as occurred
on August 14th, h... night fr^e^je, or he might run, or he might
have the natural reaction of fighting, is that correct?
A Yes , sir. . . : > ; •
Q, F rom the exaraination that you made on the 18th of July could
you state with reasonable certainty v/hat his natural reaction
would be?
A No, sir, I think that would be impossible.
It is all speculation and conjecture, isn't it?
A Yes, sir.
' 1627
Q, Had this anxiety state which you have described reached such
a- stage as to be called an obsession?
A Yes, almost to that extent, I think, as it v^s described to moc
1 Do you believe that the obsession had such a control over his
mind as to indicate a desired self-destruction?
A No, sir. As a matter of fact, I felt v/hcn he left the office
that day that he understood and was reassured concerning these
individuals whom he feared, and I told the interpreter to bring
him back if there was any further trouble or ho needed reassurance
and instructed him to try and reassure him.
^. Well, after getting his history from himself, Olivotto himself,
and ^ron the interpreter ond after your psychotic examination,
you -'c turned him to duty v/ith his company?
A Yes, he left the sane day, or as soon as our interview was over.
Law Member: That is all.
President: Any further questions?
Q,uostions by Major M-^cLennan:
Q. Captain, you have described his condition when you examined
him, as you found him?
A Yes, sir
'I And it was not quite a month later that an incident took place.
Is it you opinion that his condition could have become pro-
gressively worse during that time to the point where he might
have had some of these self-destruction tendencies'?
A From what I know of him I didn't think that. If I h.-d
thought that at tlir, time I wouldn't have sent him back.
'i At that time you didn't anticipate this emotional strain thct he
was put under in this hypothetical question. In such a case
where there was groat fear produced, in your opinion v/ould that
have made his case progress more rapidly?
A You mean do I feel that suddenly confronted with this situation
as described in th. hjrpoth. tical question, do I feel thrt he
would rush off and destroy himself?
^. Yes.
A I think that is highly unlikely.
President: That is all. Thank you very much, Captain.
Defense: It may bo, if the Court pl..ase, I may want to osk the
doctor further questions as further testimony di.velops. He has called
the doctor as the first witness and then intends to put lay witnesses
on afterwards .
Trial Judge Advocate: I did that for the personal con-
1628
venience of the Captain, among other reasons, but I feel that
the Captain will he available. We know where we can reach him
and I am not asking that he be released until after this case has
been concluded.
Law Member: You won't let him go back to Wisconsin?
Trial Judge Advocate: No, sir, I surely won't.
Defense: Oh, I aa not '..r>king he sit around the courtroom at
all, just so he understood he isn't fully released.
Trial Judge Advocate: Let me knovr v/hen you v/ant him; he v/ill
be available.
Defense: Thank you, Colonel.
There being no further questions, the witness was excused and
withdrev/.
1st } t. V ito Melpignano, 28th Italian quartermaster Service
Company, a v^ritness for the prosecution in rebuttal was sworn and
testified through the interpreter, as follov/s:
DIR.;CT EXAl^NATION
Questions by Trial Judge Advocate:
Q Please state your name.
A. Lieutenant Vito Melpignano.
Q, Vito is his given name?
A Yes, Vito.
Q, M-e-l-p-i-g-n-a-n-o. And you said you -are a lieutenant. Are
you a 1st or 2 nd lieutenant?
A 1st Lieutenant.
Q And what is your present station?
A Mount Rainier Ordnance Der;ot.
Q, Your assignment is v/hat; of what organization are you?
A 28th Italian iuarteruaster Service Company,
Q, Did you know Cuc^iiclmo Olivotto during his lifetime?
A Yes, sir.
Q In what barracks did he stay at Fort Lavrton?
A 709.
Q, Was he in that particular barracks 709 under your immediate
supervision as a superior ofiicer?
A Yes, I was co viianding officer of barracks 709.
Q, Did you or not have occasion to observe Guglielmo Olivotto
during the time that you acted in that capacity?
A Yes, sir.
1529
Q, Did you have occasion to observe hiiii during the month of August 1
1944 prior to the tine of his death? ■]
A Yes, sir. s i
Q Did you have occasion to observe during the raonth of July 1944? i
A Yes, from the moment I arrived in the company from the 13th of •
July, 1944. ... \
I
0. F rom the 13th of July, 1944. Now, Lieutenant, during that \
period of time v/hen you acted in the capacity that you have |
testified, I will ask you v/hether or not you had occasion 1
to observe Guglielmo Olivotto at work? ^
A Not at work, because all I was interested in was as his platoon \
leader or barracks leader and I v/as not interested in his work \
during the. day. )
Q All right. As platoon leader and as barracks leader were you or \
not acquainted with Olivotto' s attendance at the work detail; \
by that I mean a^: to v/hether or not he went to work? \
A He was alv/ays pu.nctual at the time for detail, which was at 8:15 |
or 8:20, just as he v/as always punctual for reveille formations \
and also throughout the day. 1
Q, Do you or not know of a single instances during that period of j
time where Olivotto absented himself from work, from the work ^
detail? .i
A I never saw him absent. For me, I have always seen him go to vrork. '\
Q, Did you or not have occasion to observe his discipline? \
A His disci .line was very good and he alv;ays saluted officers ;!
when he net oh em; also when he left tbem. ■]
]
Q Do ycu or not whether he attended any lessons, any school'? - '^
A vmat type of school? \
English. \
A Yes, sir. |
Q Well, tell the Court about it. ' \
A Every night at 6:00 o'clo^'lc in the evening there was a school in ■!
English as directed by the American coniaand. On occasions in j
which I was duty officer for the night it v/as always one of my t
duties to att'jnd or to appear at the English classes that they j
were holding. Olivotto was alv/ays present at these classes and ,;
he seemed very eayor to learn the J!lno;lis'i language. There were \
occasions, however, v/hen he would find difficulty in learning. 1
When he confronted these difficulties in learning how to speak I
English, he would alv/ays come to rae becaiisc he knew that I under- \
Stood a little English and he always seem^ed to be satisfied v/ilii ^
the explanations and ansv^ers I gave him. i
Q All right. Now did you at anytime observe any religious interest
or tendencies on the part of Guglielmo Olivotto?
A To me he seemed to be very religious, because every Sunday he j
would attend church. i
1630 i
'■i Did you or not obnerve at anytime whether ho vras interested in
others attending church?
A ''/hen I vras on duty that Sunday, I vrould send him into the bar-
racks in order to tell the others inside the barracks to attend
church, and I did this because I knev; that he v/as a very religious
tjrpe and that he did not mind doing it.
'1, All right. Fran your observation of Guglielmo Olivotto during
that period of time did you find him to be a normal or an abnormal
person?
Defense: Nov;, if the Court please, that is not a proper question.
Law Member: It is objectionable in forru. Would you ask him if
he considered his actions those of a normal man.
Trial Judge Advocate: I v/ould be glad to add it.
Defense: I still think it is objectionable and suggest, if the
Court "dease, ho can tell v/hat he did and the Court can determine
whether those v/oro of a normal man.
Lav/ Member: No, he can answer the question in the form which
I have suggested. If it is answered in that form your objection
will bo overruled.
Trial Judge Advocate: (To reporter) All right, will you read
the exact words of the Lav; Member, please.
(Statement of Law Member read by reporter)
Law Member: V>rait a minute.
Trial Judge Advocate: Well, we will put the predicate on there.
Q, I will ask you from your observations of Gugliolmo Olivotto would
you or not consider his actions to be those of a normal person?
A Acts of a normal person, . _
Q Now you remember the inci lent on the night of August 14, 1944,
when the Negro soldiers entered the Italian area at Fort Lawton?
A YYes, sir.
Q, In what barracks did you stay. Lieutenant?
A In the Italian of:iioors» vmarters.
Q, And do you remonber v;hat ntimber that building carried?
A If I am not mistaken, 715,
Q, Will vou step up horu to Prosecution Exhibit 2, please. This is
the Prosecution Exhibit 2; it is a map that indicates the Italian
area. You see here is barracks 708, 709; here is the orderly
room. Is it this building up here, 715?
A Yes, it is the building No. 715, the one betv^oon the street and
barracks 714.
1631
9. Tho street. You raean Lav/ton Road? ' ■■'
A It is tho road that is between the ar^a and the woods,
n, All right, ^/ero you in those barracks during the time of the
riot — 715?
A Ygs, I was in my barracks,
Q After tho M.P.'s arrived and cleared the area of Negro soldiers,
state to tho court what, if anything, you did with respect to
going around the area and checking on Italian soldiers.
A I walked over to thu orderly room to where Lt. Lobianco was
assisting the soldiers^ administering aid to their wounds.
Q All right. After that was completed v/hore did you go, Lieutenant?
A We remained in tho area, because we had orders from tho military
police and the American officers that v/ero present for each of
us officers to check each barracks to see what men were missing
from those barracks .
Q, Did you or not have ooc ision to go through barracks 709 and check
it to see who might be pri-sent or absent?
A Yes, I was ordered to go to my barracks, barracks 709, to chock.
^ Did you or not see Giiglielmo Olivotto in barracks 709 when you
made that chock?
Defense: This is all improper rebuttal, if tho Court please.
Trial Judge Advocate: Who raised the issue of a possible some-
thing besides hanging?
Defense: I know, but —
Law Member: I know; that is correct on that.
Defense: (Continuing) his case in chief showed this man left,
left, left the room, the building, at a certain time. I haven't
produced one particle of evidence to indicate otherwise.
Trial Judge Advocate: Brt now an issuo of possible self-destruc-
tion has been made, and 1 v/a-.Lo to show the man didn't return to
that area. I have tho right to show that and that is tho whole
purpose of this proof; that he wasn't scon in that area.
Law Member: Tho objection is overruled.
A No, he was not -orosont. I called all tho names out and he did
not answer to b:is name.
Q, Did you or not see Gugllelmo Olivotto anyv/hero in that area
as yci were around there that night?
A No, I positively could not see him because he wasn't "there.
Q, About how much time did you spend in the Italian area looking
. 1632
around and gathering facts after the military police loft?
A Until 5:30 or 6:00 o'clock in the morning. I did not go
to bed any ip.ore that night.
Trial Judge Advocate: You raay have the witness.
CROSS EXAIVIINATION '
Questions by defense:
A
In what respects we.s Olivotto more religious than the other
men in your platoon, Lieutenant?
He was very religiously inclined, to the effect that he followed
all the rules of Catholicism.
Q, Did ho spend a good deal of time reading the Bible?
A That I don't know, bccaus.. I have never noticed that, but I
know when ho came to church he alvmys had his little prayer book
with him all the time.
Q Well you said he was more religious than any other man in
your platoon there. Now I v/ant to know just exactly in what
way he was more religious than those other men.
A Pie was more religious in this respect; that he attended mass
all the time, whereas some of the othermembers of the platoon
did not, and it is because of this fact that I saw he was more
religious than the others.
Q He didn't talk about religion all the time, did he?
A No, he couldn't speak about religion all day long. On Sundays
he came to church to follovr his religion*
Q Vifhat is the first information you had, Lieutenant, there was
a not on that evening?
A V/o were in the barracks and we heard noise, but we didn't pay
any attention to it because we thought it might have been just
noise that the soldiers were making. However, v/e huard an Italian
soldier who was running towards the woods say that Negroes were
attacking.
Q What did you do then?
A Captain Cellentani told m^ oo remain in the barracks while he
wont to the telephone in ohu orderly room and that he would be
back. In the neantii;;,^ I v.ent out towards the orderly room to
give what possible rid I could.
Q, You didn't follow your Captain's orders then?
A I remained in the barracks, but I only remained there for a
few minutes. When I saw that he did not come back, then I went
out to look for him.
Defense: That is all.
Trial Judge Advocate: Nothing further, if the Court please.
President: Any questions by the Court? That will be all. Lieu-
tenant; thank you very much. '
1633
There being no further questions, tho witness v^as excused and 1
withdrew, \
a
Defense: Do you have any further v/itnesses who are going to -^
testify along the same line he did? -I
Trial Judge Advocate: They may testify along a little bit of 1
a diffe-^ent line. -J
Corporal Major Bruno Patteri, 28th Italian luartermastor ]
Service Company, a v/itnoss for the prosecution in rebuttal, v/as ^
sworn and testified throue:h the interpreter, as follows:
DIRECT EXAMINATION
Questions by Trial Judge Advocate: ' . 1
0, Please state your name. • '-:
A Patteri, Bruno. - - .
f
Q That is Bruno Patteri. And what is - our •^rade'? • ■ I
A Corporal Major.
Q And you are stationed with the 28th Italian Quartermaster
Service Company at Mount Rainier Ordnance Plant*? i
A Yes, sir. ]
■ ' ■ ■ '
Q V/here were you stationed on August 14th. 1944*? ^ -^
A F ort Lav/ton. • . 4
■ ■■ \
Q Did you know Guglilmo Olivotto during his lifotime*?
A Yes, I knew him for two vears.
1
Q V7hore did you first meet him?
A The first time v/e met v/as in Libya, in Africa.
;i
Q V/ere you captured at the same time?
A V/e were both captured at tho same time.
Q All right. Now, where aftv.r you reached this country were you I
kept as prisoners of v/or? '\
A A camp in Florence, Ari-ona. ' I
\
Q Was that just prior to tlic time you came to Fort Lawton-? 1
A Yes, sir. ' 3
Q Do you rem:Qmber when you came to Fort Lawton? \
A The oxoct date I don't remember, but it was the end of May.
Q Did you have occasion or not during the time that you knew
Guglielmo Olivotto to observe him and become closely acquainted
with him?
A Yes, we were intimate friends, him and I.
Q Do you know whether or not Olivotto had any other friends besides
yourself?
A y/e throe of us v/crc intimate friends, Olivotto, I and Nolei.
1634
Q That is }:no Nolgi?
A Eno jolgi.
Q Did you ever have occasion to work in a v/ork detail along with
Gugliolmo Olivotto?
A Yes. /■ '
Q, VVhat sort of a workur was he?
xl He 1/ms a vary good worker.
Q Did he or not att.^nd any lessons in the evenings?
A V/hon we were her^ at the Fort he used to attend the English
classes at night.
From your observation and your friendship with Gugliolmo
Olivotto I will ask you whether or not you considered him to h*j
a person of normal mind?
A Yes, he was very normal.
Trial Judge Advocate: You may have the witness.
CROSS EX/il'/LINATION
Questions by defense:
Q, Was Olivotto woimdcd during combat at anytime?
A In combat he v/as never wounded.
Q Did ;.'0 have any scars on his head that you know of?
A He h. d a cut her^. on the lip and he had a scar there (indicating)
Q Was that kind of like a harelip?
A It was a cut just like this (indicating).
Q To your knov/ledge that is the only scar he had?
A That was the only wound that I ever saw; that I know of on Ol-
ivotto, on his face.
Q, How old was Olivotto?
A I believe that ho was of clie class of '12. That is 1912.
Law Member: vVhn.t does thr.t mean?
Trial Judge Advocate: Make him about 32 years old.
Q, Ask him again,
A He was two years younger than I. I am 34; he was 32
(I Did you and Olivotto come from the same town in Italy?
A No. I'm a Parmaginian and he is from Venice. Vo wore both to-
gether in France.
Q, When were you in Franco together?
A No, I wasn't in France with him. Ho v/as just telling mo he
was in France 17 ye-rs.
1635 '■ .
Q, V/hcroabouts in Franco was ho?
A I don't know exactly whore ho was in Franco. I
i
Q Did he over have any fear of returning to France? *;
A I never spoke of anything like that. '
Q, Did ho ever say anything to you that would indicate he feared
certain French people might bo after him?
A No, never.
Q, You are positive of that?
A Very sure. / ■
Q, Was Olivotto married?
A No.
Q Did he have any brothers and sisters? " . i
A He never told me whether ho had any brothers or sisters, 3
Q Did he ever tell you v;hether his mother and fathur wore living
or not?
A He told me that his family was in Italy, ,
Q Did Olivotto write to anyone?
A Ho wrote to his family v/ith letters that wo used, those of prieon-
ors.
Q. How often did he write? J
A I don't know that. 1
Q You go to church pretty regularly, Patteri? I
A Sometimes I go to church. However, not alv/ays.
Q Hov/ p.bout Nolgi; did he go to church pretty often? J
A Nolgi also went .just a little. - • \
Q, Well, did you and Olivotto take in social functions together'?
A Wo v/orkod together four months picking cotton, I
Q Well, what did you do since you v/ereat Fort Lavrton; v/hat did you
do together? -
A At nighttime we v;ould go over to the beach and study a little I
English together. i
Q Go to the shows together? 1
A To the shows, no; but we went several tim 3, just a few times, '^
to the recreation hall, because he didu't drink and neither did I,
Q, Did Olivotto go to church oftonor than you did? i
A Yes; Olivotto, yes. _ j
Q, Of the three close friends, he was the only religious man?
A He v;as more Catholic than us two.
Defense: That is all.
1636
Trial Judge Advocato: No further questions.
President: Any questions by the Court? Thatis all.
There being no further questions, the witness v/as excused and
withdrew.
End Lt. Giovanni Lobianco, 28th Italian (iaartermastcr Service
Company, a witness for the prosecution in rebuttal, was sworn and
testified through the interpreter, as follows:
DIRECT IiDCAMINATION
Q,uestioi-s by Trial Judge Advocate:
Q, Please state your name, your rank, your organization and your
station.
A 2nd Lieutenant Giovanni Lobianco,
Lieutenant, did you know Guglielmo Olivotto during his lifetime?
Interpreter: Do you want the rest of it?
Defense: I will stipulate on the rest of it. Takes 20 minutes
to got it.
Trial Judge advocate: No, I think I can got it pretty fast.
A 28th quartermAster Italian Service Company, situated at Mount
Rainier, Tacoma.
Did you know Guglielmo Olivotto during his lifetime, Lieutenant?
A Yes.
Q Wore you ever his inimediato superior officer?
A I was his i-nmediate superior officer in the company during the
time that Captain Collentani and myself were the only officers
in that camp.
Q, Now, about when did you first laiow Olivotto?
A In May of this year.
Q, Where was that? '.. .:
A In Florence, Arisone . :.
Q, Florence, Ariv.ona. And then about when did you come to Fort
Lawton?
A 21, 22, or 23 of May. I don't romomber the ozact date.
Q Did you or not have any connection v;ith Olivette's v/ork squad?
A Yes, I was the one that supervised the squad where Olivotto
worked .
1637
Did you have occasion to talk with Olivotto in connection with
the supervision that you exercised over him?
A Yes, the occasion often arose that I spoke to him just as it
arose for me to speak to other soldiers in the company.
^1 Now from your ohscrvation of Guglielmo Olivotto did you or not
consider him to he a normal person?
Defense: I don't hink — well, go ahead; hut I don't think it
is proper.
A Yes, he v/as normal,
q Will you t.ll the Court — ,
Lav/ Member: Now "he was normal," is objectionable. If his
acts thrt ho observed appeared to him to bo norma.l, that is receiv-
able. ,
Trial Judgo Advocate: I think it amounts to the same thing. i
Law Member: No, thcru is a difference. 1
Trial Judge Advocate: v7ell, all right, sir. Let me ask him this |
then . I
Q, Just Strike that last answer and explain to him that we are J
asking the question in a different f onn, and we will ask him
whether or not from his observation ho considered his acts to
bG those of a normal person? »
A Yes, he never did any abnormal acts. He was always normal in ,|
all his instructions and classes and things of that nature. •J
\
Q, What type of worker was ho?
A He v/as an orderly in the officers' Italian barracks — in the
American officers' quarters, not the Italian's. j
Q, With rospo6t to his diligence or lack of dilig.cnce in his work
what arc the facts? -i
A Hg was a very good v/orker. Ho never gave m-o no trouble. He
helped out in the cor^pany besides his regular work. Ho was very
diligent. 1
Q At the morning and evening instructions how did he conduct himself?
A He was always present, always diligent, and always followed orders.
;
Q, Lieutenant, in what barracks were you on the night of the attack j
on the Italians by the Negro soldiers at Fort Lawton? 1
A When the attack., commenced I was in my barracks. As a matter of ,,
fact, in bed asleep. i
Q, And what barracks were those?
A In the officers' Italian barrack.
Q Does he romember the number?
A No, I don't remember the number.
1638
Q, V/ill you como with me, please. This is Prosecution Exhibit 2,
the Italian art..a. Here is the orderly room, 713 (indicating)
v;as it 715?
A Yos, sir.
Now after the M.P.'s arrived, v/hat in a general way, did you do?
A V/hon the military police arrived I was already outside. I was
in the orderly room administering first aid to the v/cundcd,
sending them to the hospital. Right after that I was in the hos-
pital to see the ones who wore v/ounded and each officer took a
roll call in his barracks to see who was in the barracks and
who was not.
Law Member: I didn't get that.
The Witness Corva, Tunisia,
Q Now, what was it that caused Capt. Ccllentani to send Olivotto
up for an ex?^ mi nation?
Trial Judge Advocate: If it please the Court, this witness
can't answer that.
Law Member: Not unless he shows he can answer that.
Trial Judge Advocate: It would be horesay,
0, Do you know Lieutenant, why Capt. Cellontani sent Olivotto up
for an examination?
Trial Judge Adv ocate: Of his own knowledge,
A Yes .
n Why was that?
1639
Q, About how long did you remain in the ar..a on the outside that |
night after the M.P.'s had cleared the area of colored soldiers? J
A I was in the area a little while; tbhen I went to the hospital. ]
Actually I did not get back into my barracks until about i
5:00 o'clock in the morning, 1
Q Did you or not see Gugliolmo Olivotto anytime that night after
the M,P.'s arrived? -j
A No. j
Trial Judge Advocate: You may have the witness. |
CROSS EXAJIINATION j
Questions by defense: J
Q Whore were you captured, Lieutenant? 1
A In Corva, Tunisia. \
\
Q 'i/Vhen did you first know Olivotto? j
A In Florence, Arizona; in the month of May, j
Trial Judge Advocate: Nov;, just a minuto, I want to take this
on Voir Dire and soo if he knows of his own knov^lcdge. May I
ask a question or two? ]
Law Mer.ibcr: Yes.
Examination on Voir Dire by Trial Judge Advocate: 5
Do you know this of >'our o^^vn knov«;ledgc or do you base J
it on what Capt. Collcntani told you? .-j
A During the natural course of the company j^ou can't tell
whether somebody told you or you know of your own knov/-
ledgc when a thing like that is so or not. I
Law Member: Well, that is about him going to the hospital. .3
A When he v/as sent to the hospital, I knev/ the reason v;hy ho
was being sent to the hospital.
Q, All right. Who told you of the reason; how did you learn it? J
A I knev^ that from tlu Captain himself because the Captain m
requested that he go to the hospital. ■ s
'J
i
Law Member: Well, if ho got his knowledge from the Captain i
and not from his ovm observation, then the testimony is objectionable, i
-i
0, Do you knov/ the reason other than what the Captain told you.
Lieutenant?
Interpreter: You v/ant me to translate yours first or what?
Trial Judge Advocate: Translate to him what the Law Member said. |
1
Defense: I don't think there is anj'-thing to translate from what |
the Lav/ Member said because the Law Member was ruling on an objec- jj
tion. Nothing for the witness to know. }
Law Member: You ask him, Major. 'I
J
Defense: I have already asked him a qoiestion. Read it, please. \
1
( luos'uion read by reporter) 'i
A I know that ho was sent to the hospital, and I know his reason, |
but I can't exactly say whether it was the Captain who told me
the reason or not. \
Defense: Is the Court ruling that I can't ask him?
Law Member: I believe it is hearsay. You see, the form of the "\
question is do y<.)u know v.-hy Capt. Collentani sent him to the hospi-
tal, and I don't kno\; hov/ anybody could know that but the Captain.
1640
1
t
Defense: Well, it it v/as something discussed in Olivotto's i
presence I think perhaps it is admissable, 4
Trial Judge Advocate: j
Q, Olivette had boon laboring under a great fear for some time, ?
hadn't he, Lieutenant? :!
A He at one time confessed to me that he had a fear of the French ^
Moroccans, because he was in France and then he reentered Italy '"^
at the time of the war and he was afraid that the French Moroccans |
were after him to take r .vonge for the fact that he had reentered 1
Italy. '^
Q And he had considerable fear of that, didn't he?
A No. One day he told me about that at Florence, and I explained ^
to him to him that he had nothing to foar; that he v;as a soldier \
and he had reentered his correct place. -;
Q, That v/as down in Arizona where you told him that? :
A Yes . ■!
i
•'1
Q, But ^3 continued to foar that condition afterwards, didn't he? |
A No. because in Arizona itself, about two or three days after, I j
asked him how he was getting along with respect to this and ho |
said it was all right; ho had been convinced there was nothing
to fear. j
Q I see. Well, Captain Colluntani was never down there in Arizona,
was he? i
A Yes, he was there when I v/as there.
Q, Vifith the 28th Italian Service Company?
A Yes, when the company was formed in Arizona.
Defense: That is what I tried to tell you yesterday.
Trial Judge Advocate: No, it isn't. It says May; wasn't
formed until early in May.
Q, What month was that?
A May.
Q, Now, there v/asn't any ropotition of this fear clear down through i
July? j
A No. At another tiiiie I approached him and I asked him how ho was
getting along, and he said to me that sometimes he felt the foar
but I explained to him again that there was nothing actually ,
to fear; especially in tr^ condition that he v/as in now.
Q, Then you did discuss this fear v/ith him after you left Arizona,
didn't you? ..
A Yes, in the first fov/ days that wo arrived here at Fort Lawton,
Q, V/ell, when was it that you first arrived here?
A ViJe arrived about the 21st, 22nd, E3rd of May.
1641
Q 23rd of May. V/ ell, was it in May that he again expressed
this fear to you?
A Yes, it was the first few days that wo arrived hero. At the end
of May or the beginning or June.
Q, And he never had any fear at anytime again after that?
A Yes, after this time, why once in a while I would ask him how
he was getting along with respect to this and he would say ho
was getting along pretty well now,
Q But he never did have any more fear after May of Negroes?
A No. He never told me that ho had any fear of Negroes; he only
told me ho had fear of those French Moroccans,
Q, Aren't French Moroccans Negroes?
A When wo speak here of Nep,roes , we are speaking about Negro-Amer- '
icans, aren't we?
Q My question to him was aren't French Moroccans Negroes?
A They are not Negroes in the sense Negroes are here in /\merica.
They are d-.rd, but not Negroes such as wo have here in America,
Q In any event, you v^ant this Court to think that Captain Collen-
tani on July 17th sent Olivette up for an exojaination of some-
thing that took place in May, is that right?
Trial Judge Adizsocate: If the Court please —
Law Member: That question is assuming facts not in the record.
Your objection is sustained.
DefoLJe: I don't follow the Court's statement of facts not in
the record.
Law Member: Hov/ does this man know what prompted Capt. Cellentani
to send this man to the hospital.
Defense: He laiows. • ■
Law Member: Well, He hasn't said that he did. If he says that
he knows , then I will permit '■-he answer . .
Defense: I have no further questions.
Trial Judge Advocato: None by the prosecution.
President: Any questions by the Court? If not, the witness v/ill
be excused. Thank you very much Lieutenant.
There being no further questions, the witness was excused and
withdrew.
President: The Court will recess until 9:00 o'clock tomorrow
morning. -■ ,
The Court thereupon recessed at 5:05 o'clock, p.m., 13 December
1944, to reconvene at 9:00 a, in., 14 Docombor 1944.
1642
LEON JAWORSKI -j
Lt. Colonel, J.A.G.D.
Trial Judge Advocr.to
1643
Ft. Lawton Staging Area |
Pt, Lawton, Washington ]
December 14, 1944 i
Q And your organization?
A Headquarters, Headquarters Detaclment 2, Gamp George Jordan.
Q That is your station. Where v/ere you stationed in August
1944?
A Ft. Lawton,
Q Do you remember the incident when on the night of August
14th, 1944—
A (Interposing) I do, sir*
Q (Continuing) - some negro soldiers entered the Italian
area at Ft. Lawton?
A Yes, sir ,
Q Where were you when you first heard of that Incident
1644
I
The Coiort reconvened at 9:00 o'clock a.m., the 14 j
December 1944,
The reporter and interpreter were also present. ^
President? Is the prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir, J
President: Defense ready to proceed? \
Defense: Defense is ready, sir, |
President: Court will come to order, 1
The roll of the accused was called by the Assistant Trial
Judge Advocate and all v/ere present.
Trial Judge Advocate: The record may show that each of the
accused are present, that all members of the Court are present |
and the personnel representing the accused as well as the per- i
sonnel representing the prosecution are also present© j
(Pfc John Hi Pinkney, Headquarters, Headquarters Detachment
2, called ks a witness by the Prosecution in rebuttal, was
sworn and testified as follows:)
DIRECT EXAMINATION -l
Questions by Trial Judge Advocate:
•I
Q State you name?
A Pfc Jo}in H. Pinkney,
that night?
A In my barracks, building 665,
Q Will you step up here just a minute. This Is Prosecution
Exhibit 2, which shows the Italian area over here and the
barracks of the 650th and 65l3t and the 578th, and Is this
your barracks you have reference to, 665? (Indicating)
A Yes sir,
Q And here Is Law ton Road and here Is the 570th mess hall
and here Is building 719 and here Is the Italian area, and
buildings 708 and 709 and here Is the orderly room, 713
and here are the tents over here and the latrine; you
recognize that do you?
A Yes sir,
Q, N ow without saying what was said, how did you first learn
that something of an unusual nat^ore was transpiring in the
Italian area?
A Orders came from the orderly rooin, from the GQ,
Q Charge of quarters?
A Charge of quarters, yes sir,
Q And did he cone in to talk with anyone about that?
A Yes sir. First Sergeant, Sergeant Aubry,
Law Member: Just a minute. He came in » who?
The charge of quarters came in, isn't that what you said?
Q
A Yes air.
't
Law Member: And dpoke to Aubry? i
i
Q That's right, isn't it?
A Yes sir,
Q Now don't mention anything that was said, but what if j
anything did Sergeant Aubry do? \
A He jumped up and put on his clothes and ran outside,
Q All right. Now afto.v Sergeant Aubry did that, did you do ,
anything? >!
A Yes sir, - \
i
Qt V^hat did you do?
A I did likewise,
Q How lust whure did you go after you v/ent outside?
A I ran back on tvie inside and finished putting on my clothes j
in barracks 665, then ran - camo back out and ran over to ,
the orderlv room to obtain an M.P. club and brassard. ^
Q Now you say you rf« to the orderly room and obtained an i
M.P. club and brassard; what room do you have reference to
now?
A 650th orderly room.
1645
Q Will you come over here and let's see if we can find this
orderly room?
A Could be 670.
Q Pointing to barracks 670?
A Yes,
Q After you obtained the brassard and M,P, club, let me ask ■•
you, did you put the: brassard on your arm? ]
A Yes sir. ' \
Q And what sort of a club was It you took? •. - .
A An M.P. club. ■•
A
Q Was it or not a regulation M.P, stick? ■
A Yes sir; what we had been using all the time for M.P, duty, ■;
Q, All right. After you obtained your brassard and club, 1
where did you go to then?
A Down into the 700 area, \
'.It
Q What did you see there, If anything? -J
A A group of men assembled in the street,
Q Do you knov; about how many v/ere assembled; can you make some ,
guess? I
A Approximately 115 or 125 » \
i
1
Q Approximately 115 or 125, Well after you did that, state ]
whether or not v/ere there any M.P.'s present besides your- 1
self? i
A About a minute and a half or two minutes after I arrived i
Into the area a command car of white M.P.'s arrived,
Q How many white M»Pi'3 were in that command car?
A Approximately 4 or 5, i
\
Q, Do you remember who any of them v/ere?
A Sergeant Jones was one,
Q Sergeant Jones v;as one, V/as he or not in charge of thetn,
do you knov;?
A No, I didn't,
Q, You didn't know. Nov/ where did this command car park or
where did it come to a stop; I will ask you that first?
A In the Vicinity of building 719*
Q Was it right in front of 719 or a little distance from 719
or tell the Court about where it stopped?
A It wasn't right in front of the barracks, but ep proximately j
around, right close to around the corner. I
Q Now about how long did the M.P.'s stop there? ,j
A Long enough for a question to be asked, ^
Law Member: Y/hat is that?
1646 \
Trial Judge Advocate: "Long enough for a question to be
asked,"
1647
Q And after that question was asked, what If anything did the ^
MP's do?
A, The MP's and myself, after the qeustlon v/as asked, the M.P.'s '
got out of the command car and we proceeded into the area \
of the Italians, l
4
Q All right, Nov; did you or not notice an ambulance there 1
at any time v/hlle you v/ere In the vicinity of building ;
719? ;
A No Sll'„ ^ ;
■i
1
Q All right. Now you say you and the M.P.'s started over to \
the Italian area? l
A Yes sir , J
Q Did you notice whether or not t his group of men that you j
have described was standing still after that or did they ;
follow you, or what? ■
A I beg your pardon? ').
i
Q, You said there v/ere a group of men that you described j
there? ■ -i
A Yes sir, ' *. 1
Q To be about 115 or 125.: or something like that In round 1
niombers? i
A Yes sir 3 1
i
Q, What If anything did they do after you and the M,P,'s ^:
walked over to the Italian area? ^
A They started to follow us,
,•1
Q All right nov/. Up to what polnit after yov; started tov/ards j
the Italian area did this group f ollov; you, and I will ask j
you to come up here e.fd look at this map so you can point |
out to the Court ■..he"t that was. Let me ask you this — 1
calling your attention to this being the 578th mess hall ^
and it is narked building 700 and this Is Lav/ton Road; now j
point out about at about what point this group was? *
A It was along about the middle of building 700, of the 578th |
Port Company, It v/as along about the middle of the bar- S
racks, in the middle there, Lav;ton Road. (indicating) *;
Q Well was it in the middle of Lav/ton Road, you say? i
A V/ell this is the road that leads dovm into the Italian j
area; along this road, (Indicating) 1
"^
Q Now just stop there a minute » In order to get it straight }
were you and the MrP^'s walking along Lawton Road or some *
other place at that time?
A We had already cros.sed from building 719.. entering into
Lawton Road^ and v^en we arrived along about the middle of
building 700, one of the M,P,'3 gave me an order.
Q All right. Now will you mark that point there, putting
your initials there please; just mark it on Lawton Road?
A (Marking as indicated)
Defense: Don't you think he ought to mark it in pen.
Colonel?
Q Do you have a pen?
A Yes,
Q All right, use yours, .
A (Marking as indicated.)
Q Now you marked that with an X and then you put JHP with
it, didn't you?
A Yes sir,
Q All right, fine; will you have a seat. Now you say that
at that time an MP gave you an order?
A Yes sir,
Q What order did he give you?
A To tell the rest of the men to stay back until after we
had proceeded into the area to see if we could stop what-
ever had occurred down in t he Italians' area,
Q All right. Now I will ask you if before the time the M,P,
gave you that order - now get this question - before the
time the M,P, gave you this order, had you or not seen
Sergeant Arthur Hurks that evening?
A I don' t recall,
Q You don't recall. Do you mean by that that you have no
recollection of having seen him prior to the time the M»P,.
gave you that order?
A No sir,
Q After the M*P« gave you that order what did you do?
A I immediately turned' around and when I did I turned right
around in Sergeant Hurks* face,
Q Now you have testified you had no recollection of having •—
no recollection of having seen him prior to that time.
Is the Court to understand from that or not that you have
no recollection of having talked v;ith him that evening
prior to that time?
A Yes sir,
Q Is that right?
A Yes sir, that's right,
Q All right. Now when you turned around and looked right in
Sergeant Hurks' face as you have testified, did you or not
say anything to him?
A Yes sir,
Q What did you say to him?
1648
A I told hira to keep the rest of the men back until after j
we had v/ent down Into the area to see what was going on ]
wrong, J
>
t
Q All right. Now that was something you said to Sergeant
Hurks ?
A Yes sir,
Q Well v/hat did you and the M.P.'s do then after you said
that?
AA We proceeded on into the Italian area, j
Q Now where did you go?
A We went to the Italians' orderly'- room, ij
■\
Q Did you go directly to the orderly room? i
A Yes sir, 1
Q, Now right there; you have told the Court that you spoke ]|
to Sergeant Hurks and what you said to Sergeant Hurks a 'j
I will ask you v/hether or not you saw Sergeant Hurks any :\
more after that? i
A No sir, ]
Q Then was that or not the only time and the last time — I
I 3% , the first and the last time that you sav; Sergeant \
Hurks ? I
A Yes s.'r. ' • ■■
Q You say you went to the orderly room. Now as you got to
the orderly room, did you or not see any negro soldiers
on the outside of the orderly room?. i
A Yes sir, j
Q And did you enter the orderly room?
A Yes sir,
Q Now after you entered the orderly room, did you see any ^
negro soldiers inside the orderly room? . I
A Yes sir,
Q Well will you give the Court some idea of about how many
soldiers - negro soldiers •« you sav/, first, we will say
Inside the orderly room?
A There were a few. Approximately 9 or 10 soldiers,
Q Now did you or not notice whether there were any negro
soldiers in any of the doorv/ays of the orderly room?
A Yes, there was one, I forget just what door, you named
that door, but —
Q Well come with me and let's get this so the Court will
vmderstand. Let's look at Prosecution Exhibit 3, which is
a plat of the orderly room. This is the front and this is
the side entrance, (Indicating) Those are located as it is
1649
here, H ere is one doorway and here is another doorv/ay; ;
which di you enter? :,
A Through door E. ]
Q Now tell the Court just where you saw negro soldiers
standing and then tell the Court the approximate number
that you saw?
A In Room X there were 9 or 10 soldiers, in room X»
Q Now where else did yo\i see any negro soldiers?
A There was one in room R,
Q Did you notice whether or hot there were any around any
of the doorways?
A Just a second; you mean before we entered or after we
entered?
Q Either time; just tell us v;hethei.' it was before or after?
A Well before we entered, as we entered the building, there
were soldiers on the outside of room E *• or door E - on
the, well, I imagine you would call it the right hand side
or left hand side^
Q Close to this v/indow, wlndov/ Y?
A Yes sir. And then there were a group of soldiers assembled ]
back in this direction here, under room R, 1
:\
Q Can you tell us about how many negro soldiers were close "i
to the v/indov; of room Y? -^
A I never noticed up close to the windov/ of room Y, j
Q Well I mean, v/i thin the vicinity there? .1
A Well there v/ere two, i
4
Q Now how many did you notice here in the vicinity of room i
R? •]
A I said there were a group, I
Q I know you said there were a group. But about how many 1
would you say? |
A I would give a slight estimation of around 35 or 40 men, j
Q Around 35 or 40 men? |
A There may have been more and may have been less, 2
Q All right. Now do you know Rlchai-d Barber? 1
A Yes sir, I have knovm him since I have been in the Com- |
pany, |
J
Q Did you or not see him when you went to the orderly room? ]
A Yea sir,
Q Where did you see him?
A In room R,
Q In room R, Did he or not have anything in his hand?
1650
A He had something in his hando
Q Can you tell the Court v/hat it v/as?
A No sir, I couldn't distinguish what it was,
Q I v/onder if you would come v;ith me just a minute and let's
see if you can pick out Richard Barber from the group of
this men; just look over the group and see if you can see
him anywhere?
A Yes sir,
Q Wellcome with me and show me virhich one is Richard Barber?
A There, (indicating)
Q, Third man, that one? (Indicating)
A Yes sir,
Q All right; have a seat. Now I v.l 11 ask you if you knov;
Wallace Wooden?
A Yes sir.
Defense: Nov/ if it please the Court, this is not proper
rebuttal as to Wallace V/oodono Ho did not take the witness
stand.
Trial Judge Advocate j He didn't take the stand, but
Loary Moore identified - or attfjmpted to testify as to v;hat
could be construed as an alibi for Wallace V/ooden,
Defense: Oh no.
Trial Judge Advocate: Oh yos. He testified Wooden came
in and told him to put his clothes on, that the barracks might
be burned dovm, which attempts to place him somewhere other than
dovm in that area.
Defense: I don't think there is any time element fixed
at all as to when that took place and it might have taken place
when all this v;as over v.ltli, I submit to the Court it is
improper rebuttal testimony.
Trial Judge Advocator Oh no.
Lav; MejTit,(jj,. Excuse the delay; just a moment »
Trial Judge Advocate: I am almost certain it was the
testimony of Loary Moore,
Defense: I tliink that it the testimony of Moore; but
there is no time fixed.
Law Member: Objection is over-ruled.
Trial Judge Advocate: Will you read the question?
(Question read back by the Reporter.)
1651
i
A Yes sir,
}
Q Did you or not see Wallace Wooden in the orderly room or j
around the orderly room on the occasion in question when j
you went down there? j
A Yes sir, he was around the orderly room, ■ ]
Q All right; let's get back up here please, to Prosecution J
Exhibit 3, and show the Court approximately where you saw "|
the accused Wqllace Wooden? j
A It was on this end of room R — or room X — no, room Y, ,
rather, (Indicating) 1
Q End of room Y? j
A Yes sir, )
,1
Q That Is the corner of room Y? 1
A Yes sir, • *
•I
I
Law Member: May I ask a question? .1
i
Trial Judge Advocate; Surely, t
Law Member: Is that when you arrived at the ordnrly room? j
Witness: Yes sir, 3
»
Defense; For the record, that is nearest - the point he J
has indicated - is near the corner of the building, or of room '
Y nearest door E,
Q All right, Nov; after you completed — well tell the Court \
first what you went on to do in the orderly room, you and J
the other M.P,'3? \
A After v;e entered the room X and observed a lot of wounded S
soldiers, or wounded Italians, lounging around on the floor ;■
and on tables and benches and chairs and what not there was \
in the room, we seen so many of them badly wounded, so we \
cleaned out the orderl y room and then we proceeded to get |
ambulances and cai'rlei's to carry the men to the hospital, ;
I
Q, And then after you took care of the wounded, then what did |
you do? 'i
A Then after the men had been moved from the - from room X, ^^
then we proceeded, or continued to police up the barracks |
in the area to see if there were any more wounded, <
'i
Q And you spent about how long doing that? <
A Approximately 35 or 40 minutes, \
Q And then what did j'ou do after you completed that? :]
A One of the guards that were appointed to stand guard ]
in the area that night had come off vdthout a jacket and we ^
went up to the Italian — I mean, up to the M.P, barracks )
to obtain some kind of clothing for the guard to put on
that night ,
1652
Q N ow were you or not on regular M.P. duty that night? •
A No sir, I wasn't, j
Q I understand you testified v/hen you heard there was trouble i
down there you took It upon yourself to serve as an M.P. ^
and help out al 1 you could? '
A Yes sir, 1
i
Q' I believe I failed to ask you to point out the accused j
Wallace V/ooden. V/oudl you do that please; will you look I
over these men and if you see Wallace Wooden will you |
point him out? }
A Yes sir; he is sitting 6n the end there. (Indicating) . ^
Q Sitting on the end in what row?
A First.
Q First man in the front row?
A Yes sir.
Law Member; He hasn't identified Hurks, :.'
Trial Judge Advocate: Beg your pardon? • '
Law Member; He hasn't Identified Hurks, has he?
Q Now you know Sergeant Arthur Hurks, don't you?
A Yes sir,
Q<. Well I wish you would point him out to us if you see him
among the accussed?
A He is the sixth man in the first, front row,
Q Sixth? (Indicating)
A No, the fifth man, over, in the front row,
Q Here? (Indicating) .
A Ye s si r , 1
Trial Judge Advocate; Prosecution has no further questions,
CROSS EXAMINATION
Questions by Defease:
Q I want you to look over this bunch of accused carefully?
A Yes sir,
Q And then I want you to tell the Court whether you saw any
men down around the orderly room that night you went down
1653
Q Pinkney, will you luok over this group of men pretty care- ■
fully here and tlien tell the Coui't v/hether you saw any men *
down in tho orderly room or standing around the orderly I
room that night whom you recognized who are not among the
accused? ^
A Will you state that again? *
\
there — \
A Ygs sir.
\
Q — or inside the orderly room, whom you recognized and who
are not among these men over here. In other words, men who '^
have not been charged in this case? 1
A Yes?
1
Q But, who was down there; do you understand my question now? I
A No sir, I don't. 1
Q, First of all, I want you to look over all the men over here, \
the accused who have been charged in this case? \
A Yes sir.
\
Q Then I want you to tell the Court whether there are any men \
whom you sa?/ down there that night, when you went down to <
the Italian are^ either immediately outside the orderly |
room or in the ordeii y room whom you recognized, and who ,
are not sitting In that group of men; do you understand it :j
now? ■ ■ \
A This is the wa^?- I understand it. i
•■ - 1
Q All right? ■;
A Say" for instance you were down there, but -- \
Q You don't think I v;as? j
A I'm ti'-ying to — • ^i
Q All right, go ahead, • 'J
A Say for Instance you were down there and you v/ere in the J
area and you were accused, but yet and still — oh well -- «
f
Q Well let's follow your »wn example now. Suppose I was down "
there that night and you saw me down there and I am not j
sitting over there amongst this group of men. Yet now, in- |
stead of mentioning my name, I v/ant you to use the same idea |
and mention the names of any other men you saw down there 1
that night, whom you saw, and yet who are not in this J
group of men; did' you see any that are not in this group?
A No sir, I don't see any*
Law Member: I don't think he understands the question yet ;
Major, i
Defense: No, I don't think he does either, I
Witness: No sir, I don't. I
I
Q Well you get up and take a look at these men; do you know .j
pretty well who they are? ']
A Those were in 650th Port Company the same identical time I |
was there. There's a few in there that I don't know that
wasn't in 650th,
Q Let me do this, let me hand you a list of names here of the
1654
accused in this case. You look this over - or let me show you :\
the roll call. Here, better still Pinkney, will you look at
this list?
A Yes, j
Q Which is a list of all the men who have been accused in ,,
this case. Now tell the Court whether you saw any — or |
you look it over first, I think you will agree with me |
. Counsel he is looking at a list of all the accused in
this case^
J,
■J
Trial Judge Advocate t Oh yes, surely* i
i
A
J
i
A This is the way I understand it. If these men were, or if
they weren't dovm in that area; do you want me to testify
whether I aaw them there? 1
Q • N o, you haven't got it right yet. I just wnat you to look |
at that list first and acquaint yourself vd th the names? j
A Okay, (Peruses list) j
Q Have you read over all of them?
Trial Judge Advocate t There is some there on the back»
Q Yes, Look at those on the back too, ]
A Okay. (Perusing list)
Q Now, did you see any men down there, that is in the order- ]
ly room or the immediate vicinity outside of it, whose '^
names are not on this list you just looked at? 'j
A No sir, I don't see any of theme I
Q Didn't you tell mc about somebody the other day, the names
of some men that are not there? }
A They are not in there, J
'(
Q That's right; that is the ones I want you to tell us of? J
A Well after the LLP. 'a and myself had left the M.P. bar- |
racks and was e^^icint; back into the area, we stopped two '■
men from 650, and tvro men that was on the alert from
down in the staging area.
Law Member: ^liat was when did you say, after you and the
MiPi^s left th^i barracks?
The Witness: After wt; left the barracks from getting the
clothing, i
3
Q That was some time later? . ' \
A Y/ell that was after the riot, i
Q I mean, when you went right down there to the orderly -*
room, v/hen you first went dov/n there to the orderly room
and went Inside, didn't you tell ne something, about
giving me the names of tvro other men that you saw v/ho are
not sitting over here in this bunch of boys?
1655
A I don't recall, sir,
Q You don't recall. All right. Now Plnkney, as far as
Richard Barber is concerned; you don't know whether he
had anything in his hands or not that night, do you?
A I couldn't testify definitely v/hether he had anything in
his hands or not^ no sir.
Q Well you told me before, dov/n in Camp Jordan, you didn't
think Richard Barber had anything in his hands, didn't
you?
A I told you I didn't know whether he had anything and I
couldn't say v^hether he had anything,
Q That's right* And Wallace V/ooden didn't have anything in
his hands cither, did he?
A I couldn't say whethor he did or not,
Q You didn't see either one .of those men strike anybody? ^
A No sir* I
Q You didn't see them damage any Government property? i
A No sir, ■ . \
Q As a matter of fact, it was very dark outside the orderly ,
room and it v/as difficult to recognize anyone?
A Yes sir, ,
Q You were on duty all night that night weren't you?
A Yes sir,
Q As a matter of fact, wasn't it you that discovered the
body the next morning?
A Yes sir,
Q That is, the body that was hanging dovm in the obstacle
course?
A Yes sir,
Q, How did you happen to be down there In the obstat^le course
that morning? *
A V/e were scouting after :- Government jeep that had been taken
av/ay from the Italian area,
Q ■ Did you ever find it?
A No sir,
Q You didn't?
A No sir.
Defense: I don't think I have any further questions,
REDIRECT EXAMINATION
Questions by Trial Judge Advocate:
Q That obstacle course, Pinkney; tell the Court v/hether or not
1656
that Is the same obstacle course that you negro soldiers
used in your training?
A Well all Ft. Lawton have used that obstacle course, white
and colored,
Q Did you go through that obstacle course in your training?
A I did.
Q What Port Company were you a member of?
A 650th.
Defense: I object to that; that is not proper.
Q Do you knov/ whether or not the members of the 650th Port
Company used that obstalce course? j
A We did". ^ -j
i
Q Now Major Beeks asked you to look over a number of the ac- i
cused and tell him v/hether there was anyone else that you 1
saw aside from them. Now I want you to take a look at them |
and tell me whether there v;as anyone else you saw in and ^
around the orderly room who are of the accused here? ^
Q You mentioned tv/o, Y/allace Wooden and Barber as being on ^
the outside of the orderly room. Now will you look over j
the rest of them and see if there is anyone else sitting i
among the accused there that you saw in or around the J
orderly room? {
A Prank Hughes, and Wallace Wooden, i
i
Defense: I entered an objection, if the Court please.
Law Member! Didn't you open this up? i
Defense: I did not, I didn't ask anything about the ac- j
cused Prank Hughes, ' '• ^
Trial Judge Advocate: I cfin go into this and open it up now i
because you went into that question of identification, if he could
identify any that were there and not among the accused.
Defense: All right, if you want that in the record it's j
all right with ne . But it is extremely prejudicial. I want j
the record to show that this is extremely prejudicial to the |
accused Prank Hughes, i
La-w Member: There is no doubt about that Major. But under i
the Manual for Courts Martial the Court may make this witness it's j
own to develop further facts and in that event, as soon as exam- i
ination by counsel is completed, if the Court does, it vifould j
undoubtedly come out , 5
Trial Judge Advocate: Ag a matter of fact, even aside from
counsel opening it up himself, the Court has the right at any
time to ask questions with respect to this.
1657
Law Member; Objection over-ruled,
Q You say you sav; Prank Hxjghes here, he was also down there?
A Yos, And Wallace ?/ooden was standing near room Y,
Law Member: Pronk Hughes, and —
• Trial Judge Advocate: V/allace Wooden,
Q In other words, it is your testimony he was standing close
to Wallace ¥/ooden?
A Yea sir,
Q Will you look over the group of men here and point out
Frank Hiighes?
A Yes sir. Sixth man in the second — seventh man In the
second rov/. No, sixth men in the second row.
the Court,
Questions by Defense:
Q You didn't see him hit anyone?
A No sir.
Defense: Th-.\t*s all. Lot me ask you this one further
questlbn - no, I v/ill withdraw that. That is all.
President: Court wilj, take a ton-minute recess at the
present time .
Witness: Is that all?
Trial Judge Advocate; Well the Court may want to ask you
some questions, do you better wait around, ""'ou c an sit here or
go outside,
(A ten-minute recess was taken and proceedings resumed as
follows:)
1658
Q All right. Let us make sure. Cone with me and point him 1
out. Now v;hich one is Prank Hughes? |
A This man. (Indicating) |
Q Sixth man? (Indicating) ;^
A Yes sir. i
Q All right; have a seat, 1
A
Trial Judge Advocate: That is all I have^ If it please i
-^
RECROSS EXAMINATION -j
Q Frank Hughes did not have anything in his hands, did he?
A ■ I didn't see anything, j
1
Q Didn't see him damage any Government property? i
A No sir. '
^
PresldQnt: Prosecution ready to proceed?
Trial Judge Advocate: Proaecutlon Is ready, sir.
President: Defense ready to proceed?
I
Defense: Defense is ready, sir.
President: Court v/ill come to order* 4
Trial Judge Advocate: The record may show that each of |
the accused are present, that all members of the Court are !|
present, and that the personnel representing the accused as well |
as the personnel representing the prosecution are present, |
(Pfo John Plnkney recalled by the Court and testified |
further as follows:) I
\
Trial Judge Advocate: You are reminded that you are still ,
under oath Plnkney? «
Witness: Yes sir, <
•A
President: Were you through? |
Defense: Yes, I am through, j
EXAMINATION BY THE COURT 1
i
Q,ue3tlons by Law i<fember: " -■ i
1
Q Plnkney, did you or the command car arrive in front of |
barracks 719 first? 1
A I,- I think that we arrived just about the same time, I j
wouldn't say whether I arrived first or whether the cora^ 1
mand car arrived first, |
Q And at that time you say there was quite a large group of |
nogro soldiers in and about the front of barracks 719? j
A Yes sir, 1
. j
Q Did you take any particular notice of any of the negro ]
soldiers there at that time? |
A I don't quite understand that, sir, s
i
Q Did you Identify any of the negro soldiers that were In J
front of barracks 719 at that time? |
A I couldn't identify anyone, no sir. j
Q And then you and the white M.P.'s proceeded in the genera. J
direction of the Italian area, is that right? ^
A.'- Yes sir ,
Q And this group which has. been described in front of 719
followed you dovm?
A Yes sir.
1659
\
Q To the point v/hlch you have marked X and JP on Prosecution J
Exhibit 2? ]
A Ye s s ir o '1
1
Trial Judge Advocate: I believe it is JHP, sir.
Witness: Yes sir, <
i
Q Then you received some order fi'orn Sergeant Jones? :
A Yes sir B ■ • I
•3
Q To have the men stop follovilng you? ^j
A Ye s 3 ir . J
Q You say you then turned around in the direction of the
group... is that correct?
A Yes sir,
Q And the first nan you saw v;as Sergeant Hurks? •
A Ye s s ir ,
Q, At any time, to your knowledge, was Sergeant Hurks between
you and the Italian area? ;
A I couldn't say definitely whether he was or not, \
Q You didn't see hlni? \
A No sir. ^
Q, Did you see Sergeant Hurks start telling the men to stop
where they were?
A I heard him say, yes sir,
•>
Q What did he say? 1
A He said, "Okay men, you heard what they said; we'll wait j
here," or "we'll stay here." 5
Q, And that is the last you saw Hurks? |
A Yes sir, i
Q You never sav/ Hur'c;^ In the orderly room?
A No sir,
Q You never saw Hurks around outside the orderly room?
A No sir.
^
Q But you say you did see Wooden and Hughes at the southwest j
corner of the orderly room, outside of room Y?
A Yes sir.
i
Q Now you also said that you saw a considerable group of men
outside of I'oom R -. ;
A Yes sir,
Q, And that v;as when you arrived?
A Yes sir,
Q, And you went through door E?
1660
A Yos sire
Q Did you Identify any of the negro soldiers that you saw
outside of room R?
A Wo slr^
Q Now yo\i say that you saw Barber in Room R, between doors
A and D, is that correct?
A Ye s s i r ,
Q Who else v/as there?
A I didn't see anyone else, si re
Q, You didn't see anyone elae in room R?
A No sir,
Q Now it is your estimate that there were eight or ten negro
soldiers in room X?
A Yes,
Q Were tbey from your Company, the 650th?
A I couldn't say definitely whether they were or not, sir,
Q How many Italian soldiers were in there at that time?
A Approximately 14 or 15, I forget Just how many there were,
sir,
Q 14 or 15 Italians J and 8 or 10 negro soldiers, Is that
right?
A Yes sir J
Q Now Y;hat negroes did you identify in room X?
A I couldn^t ident.-.fy any, sir.
Q, You couldn't identify any of them^ is that correct? ;j
A No sir, I couldn't. Tl^ey were fleeing out the doors and j
windows and their backs were to no „ I didn't see any of 1
them I did notice to knov/ so I could Identify any of them,
Q, What was Barber doine^, ulone in Room R?
A I imagine he was standing looking,
Q He wasn't fleeing too?
A I don't recall whether he v;as looking, - I mean whether he .
was moving or sttinding still o
Q You are sure it vms Barber though?
A Yes sir,
Q When you turned around and saw Hurks down there opposite
the mess hall 700,, did you have any difficulty in Identify-
ing him as Hurks?
A No sir,
Q But you can't gave me the names of any of the men you sav/
in room X?
1661
A No sir,
Q You are sure of that?
A Yes sir,
Q Did you go Into room Y?
A No sir, I just looked in through the door C into room Y»
Q Did you notice when these negroes were fleeing room X, did
you notice whether or not they Ira d anything in their hands?
A No sir, I can't -- I couldn't say.
Q What windows did you see them go out of?
A The windov/s, in room Xt
Q That is , in the —
A (Interposing) The big hall,
Q In the back of the building?
A Yes, the big room.
President: Anybody else have any questions?
Major Crocker: I would like to ask one.
Questions by Major Crocker:
Q. Pinkney, when you first heard about this incident you were
In your barracks, 665?
A Yes sire
Q V/ere you in bed?
A Beg your pardon?
Q Were you in bed?
A No, I was getting ready to go to bed,
Q. And how did you first come to know about it?
A I said word had came from the orderly room that there had
been a riot, or fight, going on down in the Italian area
and they v;antod thu first Sergeant to come see v:hat he could
do about it «
Q And then you went to the orderly room?
A No sir, I ran out of barracks 665 into the street and seen
that there were a bunch of men assembled in that vicinity
and then I ran back and put on my field jacket and c ap and
then ran back out and ran over to the orderly room to ob-
tain the M.P. club and brassard,
Q, And was it at that time that the charge of quarters came in;
you said the charge of quarters came in your orderly room?
A No sir, the charge of quarters came from the orderly room
into barracks 665 when the first Sergeant was there,
Q He came from the orderly room to your barracks?
A Yes sir.
1662
Q And he spoke to Sergeant Aubry?
A Yes sir,
Q And you went out into the street; did you stand in the
street any length of time? ]
A No sir; just for a glance and then I ran back on into the
barracks, 665,
Q And then v;hen Major Beeks questioned you, you said you
couldn't say that he had anything in his hand; nov/ v±iich
is correct?
A I couldn't,- I said that I didn't knov/ v/hat he had in his
hand and I couldn't tell that he had anything in his hand
or not, if he had anything at all. If he had anything I
don't know v/hat it v/as, whether it was a rock, knife or
club, I couldn't say,
Q I am asking you now vv'hcther you could say positively whe-
ther you saw anythln', in his hand?
A Yes sir, I saw sotiethliiQ:,
Q Do you know,- do you have any recollection of the size of
the thing that he had in his hand?
A No sir, I don' t, , $
Major Crocker: No further questions, . ,,
Questions by Law Member:
Q How long was it, Pinkney, from the time that you heard from
the CQ that there was a riot or fight until you arrived in
front of barracks 719?
A I imagine it was about 4 or 5 minutes, sir,
Q That is from the first v/ord that you heard of it up until
the time that you got In front of 719, 4 or 5 minutes?
1663
Q After you put the rest of your clothes on you went to your
orderly room?
A Yes sir,
Q Ari then you put on a brassard and got your club and then
who did you go out with?
A I didn't go out virith anyone, I went out by myself,
Q And you v/ent from that point directly to the area?
A In front of barracks 719,
Q Had you heard any noise at all before you received word,
or word was sent to you in your barracks?
A No siTb
Q You testified when Colonel Jaworski questioned you this
morning that when you saw Barber he had something in his
hand but you didn't know what it v/as?
A Yes sir, 1
i
A I wont' say definitely whether It vms from the time, from
the first time that I heard the word that there was this
trouble going on, whether it was from the time that I left
the orderly room until I got in front of barracks 719,
Q We know that you can't be exact, Pinkney; but would you
give us your best judgment?
A I vould say 5 to 10 minutes,
Q From the time you first heard of the riot until you got in
front of 719?
A Yes sir.
Questions by the President;
Q Pinkney, how many clothes did you have on when you heard
about the riot, do you remember?
A I think I Just had on my shoes and my underwear,
Q How long would it take you to get dressed normally?
A You mean the way that I v/as dresaed tliat night?
Q Yes, '
A I imagine it was about a minute and a half; two minutes,
When you left your barracks to go to the orderly room, did
you walk or run?
A I was,- I v/as on the double- time, si J?,
Q You ran, on the double, Hov; long do you think it took you
to get the M.P. club and brassard?
A I couldn't say definitely,
Q Well I mean, I will ask you this; v;here was tills M.P. club
and brassard kept?
A I think that it was under the, counter or either in a box or
something that they had it in,
Q Did you have to hunt for it?
A No sir,
Q Did you have to unlock anything to get it?
A No sir; the CQ, gave me the club and brassard,
Q I see. How did you go from the orderly room to 719; did you
walk or run?
A I couldn't say, I don't recall,
Q You don't recall v/hether you walked or ran?
A I don't recall, ■
Q You were in a hurry though?
A Possibly, Yeso
Q You weren't just walking along taking it slow; you were in
a hurry to get up there?
A Yes sir.
1664
Questions by Lav/ Member:
Q What route did you take from the orderly room up to 719?
^ The shortest route, sira
Q Well v/hat was that?
A V/ell the orderly roon was 670, I cut from in the back of
building 665 to the roorao
Q And then dovm Lawton lioad?
A I didn't have to go to Lawton Road. I mean, I didn't have
to go across Lav/ton Road,
Q I mean, dovm Virginia Avenue?
A Well, yes sir.
President: Any further questions?
RECROSS EXAMINATION
Questions by Defense:
Q Yes, I want to ask one further question, Pinkney, there
has been testified here in this Court by one of the accused
Henry Jupiter I believe, that you made some exclamation to
the crowd either just before or just after you talked to
Sergeant Hurks; that you gave some order to the crowd?
A I did, . . "
Q Do you recall v/hat that was?
A Yes sire
Q What was it?
A V/ith the Court's permission, I said "men -"no, I said,
"After I go down in hero and if I don't come out, you all
be sure-in-hell to cone on down and see what it's all about.
If I didn't get back in a little while,
Q Who did you address tn:Lt remark to, to the bunch of men
standing behind you?
A Yes sir,
Q Did you say it loud so they could all understand you?
A Yes sir.
Defense: That's alio
REDIRECT EXAMINATION
Questions by Trial Judge Advocate: ■
Q But they didn't have to come dovm after you? ^
A No sir,
Q You came out all rjgat under your own power?
A Yes sir. That is, the next morning o
EXAMINATION BY THE COURT
1665
Questions by Major MacLennan?
Q There Is one thing I am not clear about. That is, v/hen the
word came to your barracks there was trouble, you went to
the orderly room after you got dressed to get an M.P, club
and a brassard?
A Yes siri I
Q Why did you go over to get the M.P. club and brassard at ^
that point?
A Well sir, we had alv/ays been Instructed when we were going
on duty, or was finishing or fixing to take up duty of any i
kind, to be properly dressed and armed as an officer, or
rather, in Army life, as an M.P,
Q We?i-1 who told you that you would be on duty right then?
A No one, ,,
Q When word came to your barracks, the^t v/as brought in by
the charge of quarters?
A Yes sir,
Q What did he say to lead you to believe that you were going ,
to be on duty, or that you should go and get this club |
aixfl brassard? 1
A The word came from him that there was a fight or riot go-
ing on and they wanted the first Sergeant to come and try
to break it up or either see v/hat he could do about it, 1
Q That was Sergeant Aubry?
A Yes sir. j
Q Did Sergeant Aubry tell you anything that you should do?
A No sir.
Major MacLennan: That is all I believe,
a
Questions by Law Member:
Q Were you ever in an M.P^ Detachment? j
A No sir, not other tLan °n the C.C.C.'s; like there we had |
to pull HP duty, ■]
i
Q You were in the G.C.G.'s before you came into the Army? \
A Th 'ee years and seven months, sir.
Questions by the President:
Q, Have you ever done any M.P, duty either at Pt, Lawton or
any place else, as far as the 650th Port Company is con-
cerned?
A Yes sir,
Q V/hat job v/as ^/-our job?
A Well at different times we were called on to be M.P.'s at
different PX's,
1666
I
Q I mean, what was youi' regular duty?
A I was,- well when I was working at the Pert I was a bull
driver.
President: Any further questions?
Defense: That is all.
Trial Judge Advocate: That is all.
President: You are excused; thank you very much Pinkney.
(Witness excused,) •■
(Pvt, Jesse Grego, Hospital Detachment, Ft, Lawton, called ]
as a witness by the Prosecution in rebuttal, was sworn and 1
testified as follows:) 1
DIRECT EXAMINATION ]
Questions by Assistant Trial Judge Advocate! i
Q, St:ite your name, grade and organization and before you ]
do that will you spell your name and speak loud now? I
A Private Jesse Grego > Hospital Detachment, Ft. Lawton
Staging Area, |
s
Q Were you on duty on the night of August 14th, 1944? j
A Yes sir, I
Q What was your duty that night and where were you? I
A I was in the receiving office in the hospital and my du-
ties are, I ansv/er the phone and call the 0,D, on patients j
that are coming into the hospital and also make a record j
of the patients coming in aftor the O.D. gives me instruc- ]
tions to admit them to the hospital, 1
Q Now on that night did you have occasion to admit one |
Willie G. Montgomery? ' \
A Yes sir, ■:
Q A negro soldier?
A Yes sir,
Q What time did you receive him at the hospital?
A At 11:15,
Q How do you fix that time?
A I Just come back from chow*
Q Was he, or did he coue in alvne or was he brought in by
sr-nebody?
A He was brought in by somebody,
Q Who brought him in?
A Two M.P.'s,
1667
Q, Did you tsQ. k with Montgomery when he was brought In?
A Yes sir. I asked him what was wrong with him; yes sir,
Q Did he reply?
A Well he replied but I couldn't understand him, what he
was saying. He v/as talking out of his head, ;i
Q What if anything did you do v/ith Montgomery? \
A I put him in, into the examining office, which is right ^
across from the receiving office and went to call the 0,D, j
Q V/as he in there alone? J
A No sir, the M.P, stayed v/ith him, |
Q Was he inside the room or outside the room?
A OutJslde the room,
Q What did you do then?
A I called the O.D, and then v/ent back to my office, |
Q After Montgomery was brought in did you receive any calls s
for ambulances that night? \
A Yes sir, ^
Law Member: It Is hearsay.
Law Member: Objection sustained.
Q How long after Montgomery was brought in did you receive
the first call?
A About six or seven minutes,
Q Did you ansv/er the phone?
A Yes sir, l
Q Did the person calling identify himself?
Defensu: I think that Is going into hearsay matters, if
the Court please.
1
Defense: Whether he identified him, no matter how he did ;
it, he had to identif'^^ hln tirough some statement, i
Q As a result of that call, did you dispatch an ambulance? i
A Yes sir, ]
Q, Did that ambulance return to the hospital? -^
A Yes sir, |
Q How long a time expired approximately from the time you dis- .j
patched it until it retiirned? \
A Oh, he come back at 11:30, sir; about 15 minutes,
Q At that time, do you knov; whether or not the ambulance
brought anybody back with it?
A Yes sir, he brought back one man.
1668
Q Do you know the name of the man he brought back? I
A Yes sir, '
•I
Q State the name of the man? }
A Samuel Snov/3 .]
'i
Q, Was that the only one call for an ambulance you received ]
that night? |
A Nc sir, 1
Q ^"'hen did you receive another call? ^
A About five minutes after Samuel Snow came In.
Q State what v/as said to you at that time the call came in? ^
Defense: If the Court please, I object to going into
these conversations and hearsay statements, |
I
Law Member: Just v/here it cane from is all that is mater- l
ial. ^
Defense: If you want to tell me what you are trying to 1
develope here I may agree to it. " i
i
Assistant Trial Judge Advocate: All we want to show is the •
number of ambulances asked for, I
Defense: V/ell if you w.mt to tell me in confidence maybe
we can -- i
;
Law Member: (Interposing) The what? j
Assistant Trial Judge Advocate: The number of ambulances •'
asked for, \
Defense: Go ahead, •'
1
Q Do you knov/ where thai: call came from?
A Yes sir,
Q Where?
A From this 650th Port Company orderly room. , i
Q What was said to you at that time? .^
Defense: Now — ■ 1
"i
I
Assistant Trial Judge Advocate: I just want to show - well — 1
Q (Continuing) Did they ask for an ambulance or ambulances? j
A Ambulances. '
Lavif Member: Plural.
Q How many ambulances did they ask for?
A They said sevun oi' right or all wo had.
1669
Q H ow many ambulances did you have at that time?
A Pour, sir.
Q Were those dispatched?
A Y'- d s ir »
Law Member: How many?
Witness; Four,
Q So far as you know, did those ambulances make more than j
one trip? j
A Yes sir; they kept going back and forth, J
j
Q, Now after you placed Montgomery in the receiving room — I
is that v;hat you call the receiving room? 1
A Examining office. .|
Q, Extimining office; v/hen did you next see him? \
A About one o'clock that next morning. |
(
Defense: V/ho Is that? ij
Assistant Trial Judge Advocate: V/llliam Montgomery,
Q V/here c'id you see him at that time?
A He was brought into the receiving office by an MP,
i
Trial Judge Advocate: Brought In by whom? )
Witness: By an M.P, |
Q, D.- you know of your ovm knowledge the circumstances of his i
i-aving the hospital after the first time that you saw him? I
A All I knov/, sir — . i
Defense: That Is answered yes or no, "l
Q Just ansv/er yes or no; do you knov/ of your own knowledge j
the circumstances siirrounding his leaving the hsopltal the ]
first time, what happened after the first time that you J
saw him? ]
A No sir, \
Q Who was the medical officer of the day on that evening? J
A Captain Swerdloff. i
Q Do you know his Initials? • j
A No, I don't. '!
S
Q, Do you knov/ whether tliat is Carroll Po? i
A Yes sir. j
Law Member: Hov/ can Plontgomery ' s actions in the hospital I
have a place in ascertaining the truth, or could it In any way J
be prejudicial to the rights of the accused?
1670
Defense: I don't know, I offered to stipulate as to what
this witness knows before they brought him in.
Assistant Trial Judge Advocate: I would be glad to have
the witness tell him in confidence. j
EXAMINATION BY IKE COURT i
Questions by Law Member:
Q, After Willie Montgomery was first brought into the hospi-
tal and put in the receiving room, did you have occasion
to go into this receiving room thereafter?
A No sir,
Q Until what time?
A I didn't go in there at all, sir. It's just a small room
where the O.D. examines the patients,
Q And ho was brought by the M.P.'s at that time? \
A Yes sir, ■• ' |
Q, And then approximately one and three-quarters hours he was
brought in by an ambulance? |
A No sir, all I seen v/as, when he v;alked into the receiving |
office, he was v/ith an M.P, I don't knov/ how he was brought '^
In. I
\
Q, Do you know of your ovm knowledge he was out of the hospital |
during that tins? '\
A Yes sir, j
Q You do knov; between the first time he was brought in and the |
second time, about one o'clock, he v/as out of the hospital f
d ) you? -j
A Yes sir . |
Q All right, ■; I
A Yes sir, i
\
Defense: There is no dispute about that, 4
Law Member: Is there anything more you v/anted? He was
brought back the second time at about one o'clock,
t
Trial Judge Advocate: I think that covers it, • ^
GROSS EXAMINATION ' 1
-I
Questions by Defense: I
Q You didn't keep a log of these things you are talking about
in the regular course of your duties?
A No sir,
Q I mean, a call would come in; or v/hen you would dispatch
1671
an ambulance you didn't keep it in a book?
A No sir,
Q The times you are giving us arc more or loss approximated?
A Yes.
Defense: That's all.
Trial Judge Advocattj: Tliat is all wo have.
EXAMINATION BY THI] COURT
Questions by the President:
Q V/as Alvin Clarke admitted to the hospital that evening?
A Sir?
Q Was Alvin Clarke admitted to the hospital that evening?
A Yes sir, he v>ras admitted to the hospital,
Q What time was he admitted?
A It was,- he v/as down in the receiving office before twelve
o' clock,
Q Was he admitted before Private,- before Samuel Snow or
after Samuel Snow?
A After Samuel Snov/,
Q How did he come to the hospital?
A I just sav; him in the receiving office, sir, v/ith the rest
of the patients there, sitting there v/alting to be admitted,
I don't knov/ how he came In^
President: I have no further questions. Any further ques-
tions?
REDIRECT EXAMINATION
Questions by Assistant Trial Judge Advocate:
Q I might just ask one or tv/o more questions, V/as there a
regular dispatcher on duty at the hospital that night?
A No sir,
Q Did you or not assume those duties to a certain degree?
A Yes sir,
Q Did you or not keep trip sheets of the drivers that even-
ing?
A No sir, I' didn't.
Q Did the drivers keep their own trip sheets or make their
own records?
A Yes sir, the drivers kept their own. Made their ovm.
Presidents Any further questions?
RECROSS EXAMINATION
1672
Questions by Defense: -.
i
Q. Did any calls come in for the O.D. that evening?
A Not that I know of.
Law Member: You mean the medical O.D., Major?
Defense: Yes. I v;lll withdraw the question, if the Court
please, - , ^ j
Law Member: As a matter of fact, the O.D. we have been
talking about is the medical O.D.?
Witness; Yes sir.
President: Any further questions? Thank you very much,
that is all,
(Witness excused.) ■ i,
1
President: I would like to have John Pinkney returned as 1
a witness for just one question.
Trial Judge Advocate: All right; see if he is out there.
May I be excused for just a moment; they are trying to get me i
on the telephone. i
.1
President: Court v/ill take a fifteen-minute recess, I
(Court was in recess for fifteen minutes and proceedings ^
resumed as follows:)
President: Prosecution ready to proceed?
Trial Judge Advocate: Prosecution Is ready, sir, ,
President: Defense ready to proceed?
Defense: Defense is ruady, sir.
President: Court v/111 come to order.
Trial Judge Advocate: The record may show that each of the
accused are present, all members of the Court are present, and
the personnel representing the accused as wel 1 as the personnel
representing the prosecution are present.
(Pfc John PI. Pinkney, was recalled by the Court, and tes-
tified further as follows:)
Trial Judge Advocate; You are reminded that you are still
under oath, Pinkney?
V/ltness: Yes sir. •
EXAMINATION BY THE COURT
1673
Questions by President;
J
Q Plnkney, when you left your barracks, 668, state — \
A (Interposing) 665, sir^ j
Q Or 665, did the First Sergeant Aubry leave ahead of you 1
or after you*?
A He left ahead of me,
Q Ahead of you. Did he go to the orderly room?
A No sir,
i
Q Did you see him at 719 when you got there? 1
A I don't recall whether he was in front of 719 v/hen I \
arrived there or noto I
Q Did you see him at 719 v/hlle you were there? ■•
A I didn't pay any attention, sir, .-|
Q You didn't?
A No sir.
President: Any objection by any raernbor of the Court?
Appear to be none; the stipulation is received.
Trial Judge Advocate: Now if the Court please, the Prose-
cution rests, v/ith tlie \indor standing of course that if other
witnesses arrive from other parts that we have the right reserved
also to make use of those witnesses.
Law Member: Under the circumstances of the case there
would seem to be no doubt of that^
1674
President: No further questions. Anybody else like to
ask him some questions? That's allp thank you very much Private j
Pinkneyo \
'*.
Trial Judge Advocate: Now, if the Court please, there has •{
been mentioned in the testimony Captain Swerdloff of the medical -1
corp and counsel has agreed to stipulate that the Captain is ;
overseas. That is as far as the stipulation goes. The stipula-
tion is based on advices that have been received as to his ■.;
departure. Is that satisfactory? *
Defense: Yes, that is satisfactory. You never asked that i
he be returned, did you? ■:
Trial Judge Advocate: No, This information was received, -i
or the inquiry v/as made on the 8th of November and the Informa- 5
tion was received on the 9th of November, ,
Defense: With the information he has and from what coun- I
sel tells me, I am glad to stipulate that the witness he named . |
is presently overseas, \
\
Law Member: V/ell that stipulation, subject to any object- i
ion by any member of the Court, is received, )
President: I will endeavor to take it up with each member
of the Court individually hero, (Consultation) Court will re-
cess and reconvene at 9 o'clock tomorrow morning,
(At 11:15 a.m., Dec. 14, 1944 Court recessed until 9;00 a,m.
December 15, 1944, and proceedings resumed as follov/s:)
1675
]
Trial Judge Advocate: Yes, ,1
j
Law ^''^ember: So subject to objection by any member of the
Court, the rights of the Prosecution on rebuttal to preserve
their right, to preserve rebutal, or put on further rebuttal 'i
evidence in the event witnesses arrive, as has been preserved ;
by the defense, that request will be granted, 1
President: Is there --
Defense: (Interposing) Pardon mo. I want to have the
record show now, the Prosecution having rested, the Defense
renews each and every motion that it previously made at the
close of the Prosecution's case in chief, I just wanted that
in there*
President! Are there any objections by any members of
the Court to the ruling mado by the Law Member? There appear
to be none; the Prosecution reserves tho' right to rebut t any
further defense witnesses that are produced, .j
Law Member: Subject to objection by any member of the 'i
Court, the motions of the Defense renewed at this time have
been entertained and denied.
President: Any objection by any member of the Court? i
There appear to be none; the motions are denied.
Defense: May it be stipulated, counsel, that in the event j
there is further testimony introduced that the renewed motions
I have just made may be considered as having been made at the
close of all the evidence? j
Trial Judge Advocate: Yes, -i
\
Law Member: You can make then again. Major; it doesn't
have to be stipulated.
Trial Judge Advocatt: Do you havo anything further at ._,
this time? 1
Defense: I have nothing further at ttiis time, |
Trial Judge Advocate: The Court understands the situation i
as to the possible absence of some witnesses, I suggest to the
Court that we have an adjournment until possibly tomorrow morn-
ing, during v/hich time counsel for the Defense and I have some
matters we are going to undertake to determine and wo will then -
present them to the Court tomorrov/ morning, :^
Ft, Lawton Staging Area
Ft, Lawton, V/ashington
December 15, 1944
The Court reconvened at 9;00 o'clock a.m., the 15
December 1944,
The reporter and interpreter were also present.
President: Prosecution ready to proceed?
Trial Judge Advocate; Prosecution is ready, sir.
President: Defense ready to proceed?
Defense: Defense is ready, sir.
President: Court will come to order,
(The roll of the accused was called by the Assistant
Trial Judge Advocate, all being present,)
Trial Judge Advocate: Let the record show that each of
the accused are present and all members of the Court are present
as well as the personnel representing the accused and the
personnel representing the prosecution being present.
Now if It please the Court, the Court requested me to bring
Sergeant Farr in for further examination and I wish to announce
that Sergeant Parr is here* I sent for him and he is present at
this time. Shall I bring him in?
President; Yes .
(Sgt, Parr resumes the v/itness stand, being called by the
Court, and testified further as follows:)
Trial Judge Advocate: You are reminded you are under oath,
e:<amination by tih; court
Questions by the President:
Q Have a seat Sergeant, Sergeant Parr, you have been brought
back as a witness for the Court, There are a few things
we wanted to clear up if possible. You testified I believe
in your direct examination that you v/ere led out of the
area by a colored solctier, is that correct?
A Yes sir, that is correct,
Q V/lll you state to the Court again, as near as you can, the
1675
circumstances under which you were led out of the area?
A Yes sir. I was in building 713, v/here I v/as recognized
by this colored soldier as being an American soldier and
he told me to come viith him. That they didn't v/ant me.
He then accompanied me out of building 713 through door
A — yes, through door A — outside to the area immediate-
ly in front of door A, v/here there was a large group of
colored soldiers. He cleared me v/itii them and there also
was joined by one or two other colored soldiers who accom-
panied me to the area in front of door E. Prom there they
led me through the area up the stairs over the embankment
adjacent to Y/yoming Avenue and through the colored area
to a position approximately opposite the PX, on Virginia
Avenue, where we turned right and proceeded down Virginia
Avenue to a point on Lawton Road approximately at the
junction of Lawton Road and Virginia Avenue, where I was
left and told that I v/ould be all right from there on,
Q You say they led you. How many colored soldiers brought
you out of that area?
A I am not positive of the exact number, sir, I am sure
there were more than one, hov/evor. There v/as two or three,
Q Will you point out on the map, prosecution Exhibit 2, the
route that you took from the area to whore you were turned
loose?
Law Member: Has anybody got a red pencil?
Defense: I've got one,
Q Will you trace that route with a red pencil on that Exhi-
bit?
A Yes, (Marking as indicated,)
Presidentj Can the Court all follow that all right?
Law Member: Is that rod line all visible down Virginia
Avenue ?
(Witness continues marking) .,0,.
Q Are you certain as to where you v;ere finally released by
the colored soldiers that told you you were all right?
A Yes sir,
Q Where is that spot; put an X there in red pencil and put
your Initials beside It?
A There is a small lane here that runs through this area
here (Indicating), and merges into Lawton Road at about
this spot here (Indicating), The lane is not shown on
this map ,
Q That is the route? /
A Yes,
Law Member: But the lane comes into Lawton Road at approx-
1677
i
I
Imately the X you have put there. ]
I
Q Could you describe any of the colored soldiers that led you j
out of the area? -j
A No air, I could noto t ' \
Q Could you describe them even partially, as to color, that J
Is, whether they wore dark or light colored or any such
special features that you remember? ]
A No sir,. I could not, . 1
Q Do you have a very clear recollection of what happened j
during that walk? -}
A Yes sir, I do e i
Q You were not in any way dazed or — ]
A No siro '. •!
Q But you can't identify any of those that carried you out? '■
A No sir, I
i
Q At any time during your trip from 713, where you were 1
released, were you turned over from one group of conduct- j
ors to another? j
A No sir, ^
Q At any time when travelling from 713 to where you were re- '
leased, did any of your conductors fall out; that is, leave
you?
A On that point I am not positive, sir. It is my recollec-
tion that one man did drop out,
-I
• ■.-.'- "i
Defense: V/hat was that last answer? {
■ . \
President: Repeat the last answer, Mr. Reporter? ■^,
(Last answer read back) ' I
Law Member: Tell me. Sergeant, is the man that took you |
out of 713 the same man that brough you down Virginia Avenue? ]
Witness: Yes sir,
Q Did he accompany you as far as the spot that you have
marked X on Exhibit 2?
A Yes sir.
Law Member: The original man?
Witness: Yes sir.
Law Member: Did you. state before v/hen you w ere in Court
that the man was light' in color that took you out of the order-
ly room?
Witness: No sir.
1678
Questions by Lt. Col, Stechcr:
Q At point X, hov/ many colored soldiers were v/lth, you v/hen
they turned you loose?
A I am not positive of the exact number, sir, I was only
aware there was more than onoo
Q There was more than one?
A Yes sir,
Questions by the i*resldent:
Q When did you first become aware of the fact that you were
injured?
A I was aware of it, sir, as soon as I began walking through
the area; I was having some difficulty walking.
Q Wore the colored soldiers that were conducting you aware
of that; did they know; did you tell them that you were
hurt?
A I don't recall tolling them, s ir*
Q. When you passed down Virginia Avenue, along the route that
you have marked on the map, did you see any vehicles
parked along Virginia Avenue?
A No sir,
Q Could you see clearly the surroundings v/hile you were walk-
ing dov/n Virginia Avenue?
A Well sir, the area was quite a dark one. 1 was familiar
with the area, but there v/as no obstructions visually,
Q What I wanted to bring out; could you see the surroundings,
or could you see the people standing around?
A Yes sir, I could see the people,
Q Could you distinguish features at that time?
A No sir,
Q You could not?
A No sir.
President: Are there any further questions by any member
of the Court?
Questions by Lt. Col. Stecher:
Q While you v/ere on Virginia Avenue, approaching 719, were
you at any time placed where the lights of vehicle were
shining upon you, you and your escorts?
A No sir, I recall no vehicles, .
Q You were at no time in the focus of the lights of a vehicle?
A No sir.
Questions by Law Member:
Q Was Corporal Haskrell with you at the time it was said "V/e
1679
are American soldiers"?
A Yes sir, he v/as in building 713,
Q Did Corporal Haskell see you taken out of 713?
A I don't knov;, sir,
Q Sergeant Parata was there at that time, too, was he not?
A Yes sir, he was.
Questions by Lt. Col, Stecher:
Q I understand then that you loft the orderly room v/lth this
one escort initially, is that correct?
A That's right.
Q All right; v;here did you pick up the additional escort?
A He was joined outside door A, building 713, vjhen v/c came
out,
Q There severs! men joined with him, is that right?
A Ye s si r ,
Q And all the whole group then moved down the path that you
have described, along the path or route that you have des-
cribed, is that correct?
A Yes. '
Q When you approached 719 did you notice any congregation
there of men; that is, at the junction of Virginia Avenue
and Lav/ton Road, or its vicinity?
A V/oll there were men there, sir; I recall that there were
men ,
Q There were men there. All right. Now if you were going
dovm Virginia Avenue and to Lav/ton Road, and to a point
v;here you were released, then additional escort and several
additional men accompanied you to that point, is that right?
A Yes sir.
Q You are definite, you are certain that at no time - no, I
can't put it that vva;^ , Let me, for confirmation in my own
mind, ask you this. Vifus there a tranefer from one indivi-
dual to another; in other words, did anybody turn you over
to somebody else at any point along that route?
A No sir,
Q, They did not?
A No sir,
Q, The original uscort carried you from the orderly room to
point marked X?
A Yes sir.
Questions by Law Member: ,,
Q Was Corporal Haskell with you at the time you were taken
1680
out at the orderly room?
A He was In the immediate vicinity,
Q Did this colored soldier who took you out of 713 say
"come on" or "We don't want you"? , .
A Yes sir, he did,
Q Now Corporal Haskell says that was the accused Montgomery,
Can you identify Montgomery over here amonst the accused?
A Yes sir.
President: Any further questions?
Questions by Major MacLennan:
Q, Sergeant, you recall passing, definitely, down Virginia
Avenue, do you, with your escort?
A Yes sir,
Q Do you recall particularly when you passed before 719?
A No sir, not particularly,
Q Do you recall whether there was a crowd or not around 719?
A I don't recall, sir, a crowd,
Q Was there anyone in front of 719 when you went by with the
escort?
A As 1 recall, there were some men standing in that area,
Q You are quite certain, are you, that your escort did not
change over to another escort at building 719?
A Yes sir.
Q Are you definitely sure there were no vehicles In front of
719, as far as you recall?
A No sir,
Q, There were no bright lights out there from a car as far as
you can recaL 1?
A No sir,
Q Was there any pause there by your escort for conversation
with other people?
A No sir, : ,:
Q When you got to 719, Sergeant, with your escort, can you
•tellus just how you were feeling?
A Well, I was beginning to have difficulty walking. I could
remember events, however, and I had no difficulty remember-
ing what occurred. And I had no difficulty remembering what
I said to the r.ien on the route,
Q You are not confused in your own mind as to your walk up
the street?
A No sir, I am not,
Q Your perceptions were keen at the time?
1681
A Yea sir, they were.
Q, I believe that is all, . i
Questions by Law Member: ' *
Q Sergeant, v/here did you go ultimately?
A Well I then proceeded on up Lawton Road to, well, that map
doesn't indicate it there. I don't know the name of the ^
street, sir,
Q Beyond barracks 665?
A Oh, yes sir. I followed Lawton Road to, I believe it is j
Utah Street. I am not positive, but i think it is Utah i
Street, and v/ent on up Utah Street, almost to the signal
light, T/hich is —
Q, (Interposing) Well when did you fully realize that you had j
been seriously injured? j
A I knew that I had been Injured. I didn't know how serious-
ly. There was no blood in evidence, because my clothing
was soaking it up. But when 1 got back, when I turned ,
around and came back, and walked back to building 713, it
was there that I first realized there was a knife wound in
my arm, -\
Q In other words, you just went up the road a ways and waited
a bit and then came back to building 713?
A I went on up the road until I saw a vehicle headed in the
direction of the Italian area and it appeared there v/ere
M.P.'s in the vehicle, so I turned and came back, j
Q That is what I wanted to know. You came back? ^ |
1
Questions by the president: ■ ?i
Q You walked back to 713?
A Yes sir. j
1
Questions by Lav/ Member: j
Q Did you walk back or go back with these M.P.'s? j
A No sir, I walked back, ■ J
Q You followed that car? ~>
A Yes sir.
Questions by Lt. Col. Stecher:
Q All the way back to the orderly room?
A Yes sir.
President: Anything further?
Questions by Major Carpenter:
Q Sergeant, when you left "^IS, following the route indicated
1682
on the map and indicated by the red line, your recollect-
ions are perfectly clear, you were not dazed In any manner;
you remember perfectly well?
A Yes sir,
Q, And you don't remember particularly stopping in front of
719?
A No sir,
Q You didn't stop your uiarch whatsoever at any point?
A No sir«
Q Continued on -with the same escort? ;
A Yes sir . '
Questions by Major MacLennan: ,,- -
Q Sergeant, in that walk from the orderly room, 713, up to
the point marked X where you were released, could you estim-
ate about how much time it took you to make the walk?
A I would estimate 3 or 4 minutes,
Q Now the escort who took you out of the area recognized you
first in room X of building 713?
A Yes sir.
Major MacLennan: That is all. ■ . '
Questions by Lt, Col Stecher:
Q Did your escort say anything to you at that point?
A No sir. Oh, at point X the escort merely said "you would
be all right from then on,"
Questions by Major Crocker:
1683
Q The lights were on in room X? ■ '; \
A Yes sir , . '\ ' ■ : -^
Q But you are not able to recall any description of the per-
son at this time? '- _ |
A No sir, »
Q Now during your walk up to the point marked X, v;as there I
any conversation between you and your escort that you re- |
call? i
A Yes sir. I,- I inquir.-d as to why the incident had started .
and I also informed t!iom that thoy had seriously injured a
man, an American Stafi' Sergeant, v/ho was in room X, ■;
Q Is that qL 1 you rec'xL 1 of the conversation? j
A Yes, * j
Q When you left your escort at the point marked X did you i
say anything further? ]
A No, I didn't. |
Q Were you taken to the hospital that night?
A Yes sir, I v/as.
Q Did you remain in the hospital any length of time?
A Yes sir, I did. Prom, it v/as early September when was
discharged from tho hospital,
Q You were in the hospital over a period of two weeks then?
A Yes sir.
Major Crocker: That is all, :
\
Questions by Captain Atkinson: I
i
Q Sergeant, hov; long after did you arrive at 719 from the '!
time the fight started?
A V7ell, sir, I would estimate that from the time I phoned
the M.P.'s until the time I was taken out of room X it was
20 minutes. And it took approximately 3 or 4 minutes to j
walk through the area, . ^
Questions by the President: j
Q Any further questions?
Questions by Lav/ Member;
Q Are you sure. Sergeant, that the man who said "\7e don't ^
want you" is the man who took you out of the orderly room? j
A Yes sir, j
1
Questions by Major MacLennan: t
Q Is there any possibility, Sergeant, that the man vh o took ;
you out of the orderly room is not the man v/ho released you •;
at Lawton Road? i
A In my mind, sir, I am s\ire that it was the same miin v/ho
took me from the orderly room, who accompanied me through
the entire area and released me at point X,
Q VJhat makes you think that Sergeant; you can't describe him |
and you sav that others joined the escort and one may have ;
dropped out; what makes you so positive hB v;as the same man 1
throughout that trip? ]
A Well sir, his voice perhaps. I just, in my mind there Is
no recollection whatsoever of any change in the escort,
Q Did you have his arm; v/as he assisting you physically in
your walk? , v. t^ ^
A Yes sir; through the Italian area he did, ^e took hold oi
my arm, ,
Q And did he still hold your arm as you walked down Virginia ]
Avenue past 719, do you recall?
A No sir, I don't recall that he was holding my arm,
Q You didn't mention to him that you had been wounded or in- ;
jured in any way? \
1604
A No sir*
Q, V/ere you injuries apparent at that time; in other v/ords, in
your estimation did he know that you had been Injured in
room X?
A No sir, I don't believe he did.
Major MacLennan: That is all.
Questions by Major Carpenter:
Q Sergeant, you stated that at some point of your march there
were more than on escort?
A Yes sir.
Q Where did you pick up more than one; where di some others
join you; do you have any idea?
A Well sir, the man v^/ho took me out of room X was joined by
others in front, or in the area in front of door A of
building 713,
Q In front of building 713?
A Yes sir,
Q And how far did they continue?
A Well" sir, I v/as aware of more than one throughout the entire
trip.
Q There was more than one at point X where you were released?
A Yes sir,
Q On Lawton Road?
A Yes sir,
Q You are sure there were more than one?
A Yes sir, " "
Q You don't knov/ how many?
A No sir, I don't.
Major Carpenter: That is all. N
Questions by Major Crocker:
Q, When you inquired what started the trouble and stated that
you were an American soldier, was your conversation with one
man in particular at that time?
A Yes sir. It v/as the man that took me out of the orderly
room,
Q I see. And after yoii had — immediately following that con-
versation he took you out, is that correct?
A Oh, no sir. He — the vaj it happened was this. In room
X he said "You are an American soldier; we don't want you;
you come with me," So he took me out of building 713 and
in the course of the trip, I don't recall at what point,
but I asked him what had started the entire incident.
1685
Q Well at the time a rock was thrown at you, v/ere you having I
a conversation with somebody?
A No sir,
1
Q When the group of negroes first broke Into the room, room
X, did you direct your remarks to anyone of them In parti-
cular? i
A No sir, I didn't.
i
Q Do I understand that there were two entries Into the order- j
ly room; they came in first and went out and then the door |
was locked and then they came in again?
A Yes sir, that is correct,
Q And you were injured on the second occasion, is that right?
A I don't recall when I vias injured, sir, I presume it was
on the second entry. Because I v/asn't near enough td any
of the colored soldiers on the first entry to have suffered
v/ounds 9
Q Sergeant Perata was injured on the first attack?
A "Yes sir, 1
Q Is that right? |
A Yes sir i
Major Crocker: That is all, no further questions. j
President} Any further questions? Prosecution have any ■
others? ;
Trial Judge Advocate: Prosecution has no further questions.
President: Defense have any?
Defense: Yes,
CROSS KXAMINATION
J
Questions by Defense:
Q Sergeant, calling your attention back again to the conver- ^
satloh that you had with the American soldiers or soldier,
who said "come out with me", are you quite certain that was
about 20 minutes after you had called the M.P,(3?
A Yes sir,
Q It might have been longer than that?
A Well sir, I didn't look at my watch. As a matter of fact
I lost my v;atch that night,
Q Well you feel quite certain it was as long as 20 minutes?
A Yes,
Q Well v/hen I talked v/lth you down down at Mt , Rainier about
this matter didn't you tell me it was 15 minutes?
A I don't recall, sir,
1686
Q You could have said that?
A Well sir, to me It v/as 20 minutes between the time I
called and the time I left the orderly room,
^ Well you are not absolutely sure though?
A No 3lr> I an not absolutely sure; it is just an approx-
imation,
Q I want you to think very carefully about this Sergeant
and also your conversation with me dovm there at Tit,
Rainier, As you came down Virginia Avenue approaching
barracks 719 or in front of barracks 719, or in that
vicinity soniev/here werex:i't you joined by one or tv/o
colored soldiers who accompanied you the rest of the
way up to v/here you have marked X?
A I don't recall, I don't recall being joined in that area
by anyone else, I knew that the escort has been increased.
I was aware of not being - or of it being Increased,
Q Do you recall making the statement to me at Mt. Rainier
that you were joined in that area by one or two colored
soldiers, but that you could not Identify them?
A No sir, I don't recall that.
^ It is possible that evening that you were joined by one
or two the re ?
A Well, it is possible. I suppose. But in my mind I do not
recall any such incident,
Q Well there were a lot of things that happened that evening
and there may be some that you don't recall at this time?
A Yes, sir.
Defense: That is all.
Trial Judge Advocate: Aren't you positive of one very
important matter, and that is the escort who took you out of
713 remained with you until you were left at point X?
Defense: That is objected to as leading, -
Law Member: That is leading,
-■ Witness: Yes,
Law Member: Well, he has answered. He said yes, before.
Trial Judge Advocate: I asked if he v/as not positive of
one thing and then he stated yes^
Defense: These accused should not be convicted on the
unsworn testimony of the Trial Judge Advocate.
Trial Judge Advocate: The Law Member already got through
telling you he had testified to it, so it is not repetitious.
Law Member: It is repetitious. It's already been answered,
1607
Trial Judge Advocate: Do I understand from that that
the Prosecution is not to ask any questions on any matter
that has been brought out?
Law Member: Oh no, you can expand on any matter that
has been brought out.
Trial Judge Advocate: No, but you said that was repeti-
tious. In other words, we are not to expand on anything
that has been brought out?
Law Member: I think that question was asked verbatim
by the Law Member,
Trial Judge Advocate: I think that is all, I think
Colonel Stecher also asked it.
Law Member: I think so.
Trial Judge Advocate: The point I am getting at is I am
not to ask any questions that are repetitious to what the
Court has asked?
Law Member: You may expand on anything v/e have brought
out. We don't mean to restrict you.
Trial Judge Advocate: All right, I will ask it in a dif-
ferent way then,
CROSS EXAMNATION
Questions by Trial Judge Advocate;
Q, Is there or not any doubt in your mind as to v/hether or
not there was a change in the original escort that took
you out of the orderly room?
A There was no change ,
Q Is there any doubt in ^'■our mind with respect to that matter?
A No, sir.
Trial Judge Advocate: That is all.
Law Member: Is that perfectly satisfactory to you now?
Trial Judge Advocate: It is just as satisfactory and as
complete to me; it just had to come in through the window
instead of going in through thf door.
President: Any further questions? Thank you very much,
(Witness excused.)
President: Does any member of the Court desire any further
witnesses; any further questions they v/ould like to ask; or have
any witnesses recalled at this time? If you have, please come up
1688
to the law Member and tell him. Appear to be none, ]
i
Trial Judge Advocate: V/ell If there are no other wit-
nesses that the Court desires to have called there is nothing ^
further at this time that the Prosecution has to offer. The t
matter that I mentioned to the Court yesterday before adjourn- )
ment was made the subject of conference between the Trial j
Judge Advocate and Defense counsel throughout yesterday after-
noon and through last evening.
I would like to have an opportunity to pursue the confer-
ences with counsel. There has been some progress made, but -j
again, I am not sui^e at this time what the situation will be, ij
If the Court please, if you can permit us some time I fully |
believe we can make an announcement to the Court a little later ^
on during the day. i
J
President: V/hat time would you like? ' 1
Trial Judge Advocate: What suggestion would you make, j
Major?
Defense: Oh, about 1:30.
Trial Judge Advocate: Yes, we should certainly know by
then. Suppose v;e make it 1:30 and I feel sxire by that time we
can let the Court know one v/ay or another.
President: Court v/ill recess and reconvene at 1:30.
(Court recessed at 9:45 a.m, and reconvened at 1:30, p.m. -,
on the same day, as follows:) ^
President: Prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir.
President: Defense ready to proceed?
Defense: Defense is ready, sir.
President: Court will come to order, .' ^
-i
(The roll of the accused was called by the Assistant i
Trial Judge Advocate, all being present.) ^
- I
Trial Judge Advocate: Let the record shov; that each of ^
the accused are present, that all members of the Court are
present, and that all personnel representing the accused
and the prosecution are also present.
Defense: If the Court please. In view of the fact that
the witnesses whom the Defense requested to be returned from
overseas have not arrived and we have not been able to ascer-
tain their present whereabouts, or the approximate time of
their arrival in Seattle, the Prosecution and the Defense have
1689
J
stipulated to the expected testimony of First Sergeant
Robert Aubry, Staff Sergeant Spencer Martin, and Sergeant
Wilbur Jenkins .
Does the Court wish to make inquiry of Sergeant Hurks
before the stipulations are read?
Lav; Member: Sergeant Hurks, will you stand up please*
Your counsel has stated that in conference v/ith the Trial
Judge Advocate, Colonel Jaworski, they liave agreed upon a
stipulation as to what certain men would testify to if they
were present in Court, Are you v/illing to so stipulate that
the stipulation be read here as the testimony of these men?
Accused Hurks: Yes sir.
I
Law Member: You are. All right, then subject to object- J
ion by any member of the Court the stipulation announced by 1
the Defense Counsel v/ill be received. I
:l
Defense i Does the Law Member wish to ask the accused if
he has seen the stipulation and knows the contents of it?
Law Member i Have you seen the stipulation which has been J
mentioned? i
Accused Hurks: Yes sir.
Law Member: And are you satisfied v;ith that?
Accused Hurks: Yes sir, •
1
President: Any objection by any member of the Court? '^
Appear to be none; it v/ill be received. Is it going to be .|
received as an exhibit or read into the record? ^
Defense: It will be read.
1
Trial Judge Advocate: Have you any objection to a copy |
being furnished to the merabtrs of the Court. It is to be
returned later though and not be held as evidence; it is
being read as evidence.
Defense: V\fe haven't many copies, but v/e can furnish one ^
for you.
President: Save us a copy of you v;lll.
Defense: Yes. "It is stipulated by and betv/een the
Defense and the Prosecution that if 1st Sgt . Robert Aubry
were called as a v/itness for the defense, he would testify J
as follows: That on August 14, 1944, he v/as 1st vSergeant
of the 650th Port Company, That on the evening of said
date, about the time of, or shortly prior to, the arrival
of four M.P.'s and John Plnkney to stop the fight in the
Italian area, he had a conversation v;ith the accused,
Arthur Hurks, in the vicinity of barracks 719, The
foregoing stipulation is to be read to the court as if the
1690
witness, 1st Sgt , Robert Aubry, had testified as a v;itnes3
for the Defense in person. Signed: Leon Jav;orski, Lt. Col,,
JAGD, Trial Judge Advocate, and V/illiam T. Beeks, Major,
JAGD, Defense Counsel."
"It is stipulated by and between the Defense and the
Prosecuticn that if S/Sgt. Spencer Martin were called as a
witness for the defense, he would testify as follows:
"That on the evening of August 14, 1944, about the time
of, or shortly prior to, the arrival of the military'' police
and John Pinkney to stop the fight in the Italian area, the
witness had a conversation v/ith the accused, Arthur Hurks,
in the vicinity of barracks 719,
"The foregoing stipulation is to be read to the Court as
if the witness, S/Sgt. Spencer Martin, had testified as a
witness for the defense in person,
"Signed, Leon Jaworski, Lt. Col., JAGD, Trial Judge
Advocate, and Vta. T. Beeks, Major, JAGD, Defense Counsel,"
Major Crocker: M^ I ask if that is the same working as
the previous stipulation as to time?
Defense: Yes. "It is stipulated by and between the
Defense and the prosecution that if Sgt. Y/ilbur Jenkins were
called as a witness for the Defense, he vifould testify as
follovrs:
"That he heard the MP's tell the accused, Arthur Hurks,
to hold the crowd back, and that thereafter Arthur Hurks
complied with this request.
"The foregoing stipulation is to be read to the Court as
if the witness, Sgt. Wilbur Jenkins, had testified as a wit-
ness for the Defense in person. Signed Leon Jaworski, Lt,
CoU, JAGD, Trial Judge Advocate, and V'/illiam T. Beeks, Major,
JAGD, Defense Counsel."
Nov the Prosecution and the Defense have also reached a
stipulation of tlie expected testimony of T/4 Earl William
Lallis if he were called as v/ltness for the Defense, on behalf
of the accused t/4 John S. Brovm ,
Law Member: Brown, will you stand up? It is announced
here in Court that the Trial Judge Advocate and your counsel.
Major Beeks, have agreed upon a stipulation as to what t/4
Earl William Lallis would testify to if he were called here
and testified as a v/itnesa. Now have you read that stipula-
tion?
Accused: Yes sir.
Law Member: Are you satisfied v;ith it?
Accused: Yes sir.
1691
' Law Member: And are you willing to join in the stipula-
tion made by your counsel?
Accused: Yes sir.
Law Member: That that be read and placed in the evidence
in place of the witness' testimony?
Accused: yes sir.
Trial Judge Advocate; You might also, in questioning the
accused Brovm ask him about a stipulation that has been entered
into between the Prosecution and the Defense about an excerpt
of the testimony given by the accused Brown before Colonel
Curtis Williams. It is simply an excerpt of testimony taken
from that testimony and the stipulation is that is an excerpt
from his testimony.
Law Member: Did you hear v/hat Colonel Jaworski said, as
to a further stipulation, that previous testimony given by you
before Colonel Williams on Septeml-er 30th may also be broioght
to the attention of the Court?
Accused; Yes.
Law Member: Have you seen that stipulation that Colonel
Jaworski mentioned?
Accused: Yes sir, I saw it.
Law Member: All right; subject to any objection by any
member of the Court, the stipulation relating to the testimony
of Earl William Lallis will be read to the Court, coupled with
the stipulation Colonel Jaworski has mentioned, to wit: the
reading verbatim of testimony that was given by the accused
before Colonel V/illiams on September 30th,
President: Was that testimony given by the accused Brown?
Trial Judge Advocate: Yes sir.
President: Any objection? Appear to be none; ths stipu-
lations v/ill be accepted.
Defense: "It is stipulated by and betv/een the Defense
and the Prosecution that if T/4 Earl William Lallis were called
as a v/itness for the Defense, he would testify as follows:
"That the witness was a cook in the 578th Port Company.
That t/4 John S. Brown was also a cook in the 578th Port
Company, That both the witness and John S, Brown slept in the
same barracks. That John S. Brown occupied the bunk at ths foot
of the witness' bunk. Tliat v/itness recalls the disturbance in
the Italian area on the night of August 14, 1944. That he was
awakened by the noise. That John S. Brown did not v;ake up dur-
ing the disturbance. That the witness tried to wake him up
1692
but that the said John S, Brown did not raove or v/ake up,
"The foregoing stipulation is to be read to the Court
as if the witness, T/4 Earl William Lallis, had testified
as a witness for the defense In person,"
The signatures are the same as the others.
Law Member: Better read them,
..•-■'''Defense: "Signed, Leon Jaworski, Lt. Col., JAGD,
•■'Trial Judge Advocate, and William T. Beeks, Major, JAGD,
Defense Counsel."
Now may it please the Court, the Prosecution and the
Defense have also stipulated to the expected testimony of
T/5 Jacob Person and T/5 Freeman Pierce > if they were called
as witnesses by the Defense on behalf of the accused Herman
Johnson they would so testify.
Law Member: Johnson, v^/ill you stand up? It has been
suggested by Defense counsel that a stipulation has been
agreed upon by Colonel Jav/orskl, Trial Judge Advocate and
your attorney, Major Beeks, that if certain witnesses were
here, which he has named, they would testify in a certain
manner in your behalf. That is, of course. Instead of pro-
ducing the v/ltnesses themselves. Now do you join with your
Counsel, Major Beeks in that agreed stipulation between
counsel?
Accused: Yes sir*
Law Member: You consent to that stipulation?
Accused: Yes sir.
Law Member: Have yoi; read the contents thereof?
Accused: Yes,
Law Member: And you are satisfied v/ith them?
Accused: Yes sir.
Law Member: Subject to objection by any member of the
Court the stipulations pertaining to the testimony of --
what are these fellows' names?
Trial Judge Advocate: Jacob Person and Freeman Pierce.
Law Member: The stipulation pertaining to Jacob Person
and Freeman Pierce will bo received.
President: Any objection? Appear to be none; stipula-
tions v/111 be received.
Defense: "It is stipulated by and betv/een the Defense and
the Prosecution that if T/5 Freeman Pierce were calls d as a
1693
/
witness for the Defense, he vrould testify as follows:
"That on the night of August 14, 1944, he was barbering
in the barracks in v/hich tho accused, Herman Johnson, stayed
and used the same table v/hich Herman Johnson was using v;hile
pressing clothes. iliat during that evening and night, the
witness had occasion to have conversations with the accused,
Herman Johnson. That Hemian Johnson vas not in the witness's
presence the entire time the attack in the Italian. area
occurred, but that the v/itness remembers seeing Heiroan Johnson
in his barracks during a part of that time.
"The foi'egoing stipulation is to be read to the Court as
if the witness, T/^) Freeman Pierce, had testified as a witness
for the Defense in person. Signed, Leon Jaworski, Lt. Col., '
JAGD, Trial Judge Advocate and William T. Beeks, Major, JAGD, 1
Defense Counsel." I
"It is stipulated by and betv/een the Defense and the Prose- I
cution that if t/5 Jacob Person v/ere called as a witness for '
the defense, he would testify as follows:
"That on the night of August 14, 1944, he saw the accused,
Herman Johnson in his barracks. That both the v/itness aid Her-
man Johnson stayed In the same barracks. That the witness took
a shower and before doing so, left his v/allet with said Herman
Johnson for safekeeping. That Herman Jol-inson was pressing
clothes in his barracks that night. That during that evening
and night, the v/itness and Herman Johnson had several conversa-
tions. That Herman Johnson v/as not in the witness's presence
the entire time the attack in the Italian area occurred, but ;
that the witness remembers having conversation with Herman
Johnson in his barracks during a part of that time ,
J
"The foregoin^^ stipulation is to be read to the Court as
if the witness, t/5 Jacob Person, had testified as a witness
for the Defense in person. Signed: Leon Jav/orski, Lt, Col,,
JAGD, Trial Judge Advocate, and William T. Beeks, Major, JAGD,
Defense Counsel," |
Now if the Court please, the Prosecution and the Defense j
have also arrived at stipulations as to the expected testimony
of t/5 William H. WHson and t/5 John Terrell, if they were
called as a v/itness for the Defense on behalf of the accused
Booker Townsell.
Law Member: Tov/nsell, v/ill you stand up? It has been
brought to the attention of the Court that a stipulation has
been agreed upon betv/een the Trial Judge Advocate and the Def-
ense to the effect, that if t/5 Wilson and t/5 Terrell v/ere
here they v/ould testify in such a manner.. Do you join v/ith
your Counsel in that stipulation?
Accused: Yes, sir.
Law Member: Have you read it?
1694
Accused: Yea, sir.
Law Member: And are you satisfied vflth it?
Accused: Yes sir.
Law Member: And you are willing now that this stipulation
be read to the Court?
Accused: Yes, sir*
Law Member: Rather than the presence of the v/ltnesses
themselves?
Accused: Yes sir.
Law Member: Subject to objection by any member of the
Court the expected testimony - or rather, the stipulation per-
taining to the expected testimony of t/5 Wilson and t/5 Terrell
will be received.
President: Any objections? Appear to be none; the stipu-
lations will be received.
Defense: "It is stipulated by and between the Defense and
the Prosecution that if T/b V/illlam H. Wilson were called as
a witness for the Defense, he would testify as follov/s:
"That the v;itness lived in tlie same barracks with the ac-
cused, Booker Tov/nsell. That the witness had occasion to see
Booker Townsell on the evening of August 14, 1944, and that
Booker Townsell was in his presence before 11:00 p,ra,, August
14, 1944, That the witness saw Booker Townsell go to bed
before 11:00 p,ra, that evening. That the witness also went to
bed prior to 11:00 o'clock on said evening. That the witness
was later av/akened v/hen the officer of the day came into the
barracks and told all the soldiers to go to bed, vi/hich was af-
ter the riot v/as over, and that Booker Tovrnsell v/as in his bed
at that time.
"The foregoing stipulation is to be read to the Court as
if the witness, T/5 William H, Wilson, had testified as a wit-
ness for the Defense In person. Signed: Leon Jaworskl, Lt. Col,,
JAGD, Trial Judge Advocate, and William T. Beeks , Major, JAGD,
Defense Counsel,"
"It is stipulated by and between the Defense and the Prose-
cution that if t/5 John Terrell v/ere called as a v/itness for
the Defense, he Vifould testify as follov;s:
"That tile v/itness lived in the s'^.r-s \ia: rack? with the ac-
cused, Booker Townsell, ar.d slept in th'^ bunk over him. That
the witness had occasion to see Booker Tov/nsell on the evening
of August 14, 1944, and that BookerTov/nsell was in his presence
before 11:00 p.m., August 14, 1944. That the witness sav/ Booker
Townsell go to bed before 11:00 P.M. that evening. That the
1695
witness also went to bed prior to 11:00 o'clock on said
evening. That the witness was later av/akened when the
officer of the day came into the barracks and told all the
soldiers to go to bed, which v^/as after the riot was over,
and that Booker Townsell v/as in his bed at that time,
"The foregoing stipulation is to be read to the Coxirt as
if the witness, T/S John Terrell, had testified as a v/itness
for the defense in person. Signed: Leon Jaworski, Lt, Col,,
JAGD, Trial Judge Advocate, and vailiara T. Beeks, Major, JAGD,
Defense Counsel."
"It is stipulated by and between the prosecution and the
defense that the following excerpt of testimony of the accused,
T/4 John S, Brown, may be read in evidence, such excerpt hav-
ing been taken from the report of the Inspector General as
testimony given on September 30, 1944, before Lt . Col, Curtis
L. Williams:
"Q Wasn't there anyone in your part of the barracks
that went to the windov/ to look out?
A Earl Lallis was telling about it, I don't know
whether he went to the windovj,
Q Vifas he talking to you?
A He called, "Brown, wake up, there is a fight going j
on out here," and I asked him who it was and he 1
said, "The two companies fixing to leave and the
Italian prisoners," He said, "Aren't you going to
get up," and I said no, because I was too tired,"
"Signed: Leon Jaworski, Lt. Col., JAGD, Trial Judge Advo- .
cate, and William Beeks, Major, JAGD, Defense Counsel," i
!
If the Court please, I did overlook one thing; I vjould J
like to speak to Colonel Jav/orski, -j
(Whispered discussion) i
Defense: There is cne xurther oral stipulation that v/e i
wish to make. It is stipulated between counsel for the Prosecu-
tion and counsel for the Dei'ense that Willie Montgomery of the
650th Port Company is presently stationed at Camp Jordan, in
Seattle, and is at liberty.
Law Member: Subject to objection by any member of the
Court that stipulation :*ust referred to v/ill be received.
President: Any objection by any members of the Court? \
Appear to be none; the stipulation is received, "j
Defense: The Defense lias nothing further and rests.
Trial Judge Advocate: The Prosecution rests, sir.
Law Member: All right, then the evidence Is concluded.
1696
Defense: At this time I want the record to show that i
the Defense renews each and every motion that it previously ]
made at the close of the Prosecution's case in chief o |
.1
Law Member; Subject to objection by any members of the >
Court, the motions are entertained and are denied, i
President: Are there any objections? Appear to be |
none; the motions are denied, 'j
Law Member: Now, I know we have a matter which is to be J
taken up. It has come to the attention of the Court that .|
the accused Montgomery must be removed to the hospital. What ]
are the wishes of Counsel? ' ^
i
Trial Judge Advocate: If the Court please, I suggest, ^
with permission of the Court, that the argument in this case 4
proceed tomorrow morning. If it is found that the accused j
Roy Montgomery cannot be in attendance, I feel that counsel '
for the Defense, under a proper agreement that will fully
protect the rights of the accused Montgomery, probably would
consent for the argument to proceed. Of course, I haven't
had an opportunity to talk with counsel about it, I wouldn't
want it to be under any circxomstances, except where counsel _.^
could feel that under any circumstances his rights would be j
protected and he would not be prejudiced in any way or jeopar- j
dized. And I am willing to go the full limit so that will j
not be done . \
i
Law Member: Major Beeks, you have heard about Montgom- j
ery, haven't you? |
■i
Defense: Yes. V/ell I mean, the statement just made i
comes as a surprise to me . I think it probably took place ^
v/hlle I was In a conference a few moments ago. '1
Law Member: It seems to me that the chance of Montgomery J
being here tomorrow morn'n^; is most remote, and to save time ^
tomorrow morning, it seems to me that we ought to dispose of ^5
that matter at this time, j
Trial Judge Advocate: All right, sir. I
Defense: I will say this for the Court, that I am perfect- j
ly willing to stipulate to anything along the lines counsel ^
has suggested. ]
Law Member: \7ill somebody wheel Montgomery over here
closer^ Montgomery, the doctor has informed the Court that
you are a sick boy.
Accused, Yes sir.
Law Member: And that the chances are that you will not
be able to be here tomorrow. Now, I am telling you what the
procedure will be tomorrow. The evidence is closed; no further
evidence against you in any way, shape or form will be intro-
duced,
1697
Accused: Yes sir.
Law Member: It is essential that the accused be
present during the course of the trial. In the instant
case however, all of the evidence is In and no furttier
evidence, as I said, will be introduced against you. The
only thing that v/ill take place tomorrov; is the final sum-
mation by the Trial Judge Advocate to the Court on all of
the evidence.
Acc\ised: Yes.
Law Member: And the final summation on behalf of you
and all the defendants by th« Defense Counsel.
Accused: Yes sir.
There might also come before the Court in your absence
a record pertaining to your past military record, as to
whether or not you have tiad any convictions. If, in your
absence the Court should go on lA its ordinary procedure, the
Court will direct the Trial Judge Advocate in his summation
to the Court not to mention your name in any vmy, shape or
form; or take up in any way, shape or form any evidence per-
taining to you.
Accused: Yes sir.
Law Member: And furthermore, if the Court should ask
for your previous record the Court will reveal none of that
in your absence.
Accused: Yes sir.
Law Member: Do you understand that fully?
Accused: Yes sir, I understand that.
Law Member: Then you u\j be wheeled over into that cor-
ner and talk it over with T:'.jor Beeks , your counsel, having
in mind what I have told you, that Colonel Jav/orski will not
sum up this case -- ^^111 nnt mention your name in any way,
shape or form, in summing up the case, and then they can wheel
you back here and you tell me what you v/ould like to do, will
you?
Accused: Yes.
LaviT Member: All right; go on over Major.
(Whispered discussion between Accused and Defense),
Law Member: Now have you talked it over with Major Beeks?
Accused: Yes sir.
Law Member: And what are your wishes?
Accused: I wish just to let the Court go on and I'll just
1698
i
President: Any objection by any member of the Court?
There appears to be none; the procedure outlined by the
Law Member will be followed.
Defense: Of course, I think I should state that I am not
precluded In any v/ay fran mentioning his name.
Accused: I understand that, yes sir.
Trial Judge Advocate: Is that all?
Law Member: Yes.
Trial Judge Advocate: Prosecution has nothing further
at this time, except I presume the Court v;lshes to have the
arguments presented tomorrow morning?
Defense: Well I made the suggestion we might divide the
forenoon between us,
1699
go on to the hospital.
Law Member: All right. The case vdll continue and
you will go on to the hospital?
Accused: Yes sir.
Law Member: And the Court will go on, v;ith my promise
to you that Colonel Javi/orski will not mention your name in
the sTommation on any evidence that has been introduced
against you.
Accused: Yes sir.
Law Member: And if your record is brought to the Court,
none of that will be heard,
A
Accused: Yes sir. }
i
Law Member: All right. Subject to objection by any j
member of the Court, that procedure will be followed. ■]
i
Trial Judge Advocate: Oh no, of course, the instructions i
from Colonel O'Connor to restrict mentioning his name in the '
summing up does not restrict Major Beeks and he can sum up I
in your behalf and use your name if he desires; do you under- i
stand that? l
Defense: Does the Court wish to fix the time or the ex- i
tent of the arguments? That may very well affect the time we i
convene .
Law Member: I don't believe the Court wishes to restrict |
counsel in any way . I had heard some place that you had both .j
agreed on two hours apiece. Is that right? ~
Trial Judge Advocate: There is no definite length of
time agreed upon sir, I believe that v;as a suggestion made ^
by you a couple of days ago . \
Law Member: That vrould be an hour and a half each.
Defense: May I ask, If instead of adjourning at noon
tomorrow we run right straight through? I mean, rather than
breaking off near the conclusion we might run into the noon
hour and take an hour and then return.
Law Member; Do you mean you want to keep going and then
we can eat some time later?
Defense: Yes. .
Law Member: Is that satisfactory?
Defense: Yes; all right.
President: Court will be in recess until 9 o'clock
tomorrow morning,
(Court was recessed at 2:40 p.m., December 15, 1944, and
reconvened at 9:00 a.m., December 16, 1944, at which time pro-
ceedings resumed as follows:)
1700
,1
Defense: Yes. Or, considering the rebuttal and all, if |
the Court is agreeable and if we should run over, we could go -j
on through to say a quarter to one or one, in order to comp- !
lete it. I
Law Member: Here is something that has to be taken into i
consideration. As long as the arguments are going to be ]
taken down in the record by the reporter, and they will be .;
quite lengthy, Mr. Stoddard has requested that a recess be I
granted of five minutes every 40 or 45 minutes, and that will «
be done in order to give Mr. Stoddard a chance to get a little j
relief, '•
President: It appears to be the consensus of opinion of
the Court that there should be no limit of time placed on ;
counsels' arguments.
Trial Judge Advocate: I trust the Court realizes what it ,
is doing to itself v/hen it says there is to be no limit on I
the length of argument we make . ^
,1
President: Yes; v;ell, that is all right. 'I
President: V/e might not get to eat for a long v/hile, I \
suggest we wait and see how it goes. J
Law Member: Here is another thing. These men happen to
eat at a specified time, and I believe they would have to eat
at the regular time. I believe you can get your argument ar-
ranged all right. You have always succeeded in getting yovir
recesses at the time you wished. If you can arrange a good
place in your argument to break v/e can take a recess I am sure, i
1
■i
Pt. Lawton Staginr^ Area
Ft. Lawton, Washington
December 16, 1944
The Coiirt reconvened at 9:00 a.ra., o'clock, on 16th
December 1944.
The reporter and interpreter v/ere also present.
President. Proseciition ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir.
President: Defense ready to proceed?
Defense; Defense is ready, sir.
President: Court vvlll come to order.
(The roll of the accused was called by the assistant
Trial Jvidge Advocate, all being present.)
Trial Judge Advocate: Let the record show that each of
the accused are present, other than the accused Roy Montgomery,
and that all members of the Court are present; that counsel
representing the accused are present as well as the personnel
representing the prosecution.
President: I would like to announce for the record it
has come to the attention of the Court that the accused Roy
i.lontgomery is ill with a slight attack of pneumonia, ¥/hich will
prevent him from attending Court for a considerable period of
time.
Lav\f Member: Colonel Jav/orski, the case is v/lth you. Will
you please bear in mind that no mention v;ill be made of the
accused Roy L. ..iontgomery in your sumiaation pertaining to any
evidence against him.
Trial Judge Advocate: Yes sir.
Hay it please the Court, only a fev; hours remain of the
duties that have been those of Defense counsel and the Govern-
ment attorneys and then the case will pass entirely into the
hands of this Court.
The purpose of the summation of an argument of course, is
not so much an attempt to sell the Court a bill of goods, or
convince any member of the Court of something that he may not
already be convinced of,
1701
but its purpose is for the purpose of trying to be of assistance
to the Court in revlevjin^ the evidence and in pointing out a
few matters of evidence that may have particular significance.
As the Government's attorney I would feel remiss in my
duty had I not mentioned to this Court my very great personal
gratification at the manner in v;hich this trial has been con-
ducted at the hands of this Court. The fairness that has been
exhibited. The great diligence that has been exercised to make
certain that the rights of each of these accused will be fully
protected, and of course, that is nothing more than the perform-
ance of what is a duty on the part of this Court.
But, on the other hand, it is grand to see a Court function
In that manner.
I want to beg the indulgence of the Court, too, while I
pause to pay tribute to the work of Defense counsel in this
case. It has been ray privilege and pleasure to serve as Govern-
ment's attorney in a fev\? cases of some Importance more or less,
but I don't recall any vjhere there has been such a strong devo-
tion to duty, such extreme diligence, such determination, and
I might say, ability ~ as shown by counsel and as has been
exhibited by the Defense counsel in this case.
\Vhether the accused be convicted, or v^hether they be ac-
quitted, it is certain that they must each say to himself,
"I have been served well, and I have been served faithfully."
Nov; let us briefly take a panorama view of v/hat occurred
on the night of August the 14th, 1944, in the area immediately
adjacent to the Italian area and in the Italian area itself.
We find that on that unfortunate and I might say, fatal
night, there were gathered four negro soldiers. There were
also in the vicinity of those four negro soldiers three Italian
boys who v;ere peacefully walking along to their area - not dis-
turbing a soul. Then one of the four negro soldiers decides
to say something, to curse them, and thereupon he starts towards
them. And then, we find that one of these Italian boys, in
self-defense, strikes the negro soldier.
Now we knovi? that story, ^''e knov^f it. Not from the lips
of an Italian soldier - v/e 1010'/; it from the lips of one of the
negro soldiers who was present at that time. V/e know it from
the testimony not only of the Italian soldier Belle but we know
it from the testimony of Roy Dayraond.
Now the men v;ho were present at that time v/ore Luther
Larkin, V/lllie G. Jones, Roy Daymond and ./illie Montgomery.
Those were the four negro boys.
Roy Dayraond says that after that happened rocks were
throvm at the Italian boys that were running tov/ards their area.
vVe know from the testimony of Dayraond, as well as from the ad-
missions of Luther Laricin, that Montgomery was then taken, or
1702
carried across the street, laid In front of barracks 719, and
then somebody got busy in a hurry to start this conflagration.
Now who was it? Can there be any doubt in this Court's
mind but v;hat that was Luther Larkin and 'iVillie G Jones? In
the first place they v/ere there - right on the spot. The
evidence in this case is overwhelming to shov/ Larkin' s activi-
ties from that time on. Hov/ he strove to do everything he
possibly could in order to get his men assembled and launch
an attack on that area.
Willie Jones - the testimony shows - ran upstairs, telling
the boys to come on out. And then he himself, together with
four or five others went dovm into that area - perhaps the first
ones that got there. , . .
The testimony shows the light v/as knocked out by him and
the testimony also shows his leadership - the leadership by him
that took place in that orderly room.
And we find men assembling. We find this small group of
boys vi/ith Jones going down there first and then we find the
group with Luther Larkin going next and then Arthur Hurks' group
started down there.
Oh no - it didn't take any time for those men to get down
there; they were in a hurry. And when they v/ent down there
they took with them practically anything they could get their
hands on for a weapon. They took some knives and they took some
clubs and some ripped up a fence and took these posts, these
heavy sticks or clubs that the Court has seen and some tore up
and took pieces of bunks, bunk logs, these pipes and bricks and
stones and some took these clubs like what some have referred to
as uniform equipment.
And with those things in their hands they started down
tov\;ards that Italian area. As they passed this fence entering
this area dovm there they paused just long enough to tear that
dovm so that they could be sure everyone in the group had a
club - and those were obtained to take along and use on those
boys down there.
Then they enter that area and they find that some of the
barracks - when they try to get into them - have been closed,
have been barricaded, and they couldn't enter them. So rocks
were throvm through the windows; windov/s are smashed. And a
full scale attack on the boys living in that area was launched.
And then, frustrated somewhat in their efforts to gain
entrance into the barracks they wind their way over to the
orderly room, the place where some of these unfortunate boys
had sought as their haven of refuge. And there - there in that
orderly room - what a picture of brutality. 7/hat a picture of
savagery. So intent - so intent on carrying out the mischievous
the malicious, the vicious purpose that they had in mind that
they didn't even stop in the presence of American non-commissioned
1703
offlcors - who wero telling them they v/ere white American sol-
diers - they didn't oven stop until finally someone took one
of thora out. They "didn't want him."
The thought is inescapable to mo - and it has occurred not
once - but many, many times, of what a wonder and what a miracle -
and it was a miracle - that on the night when this attack occurred
that there was found to be only one victim. Only ono deceased
instead of eight or ten. It is ono of the things that is most
difficult for me to understand.
But there wasn't enough blood yielded through the swing-
ing of those clubs and through the wielding of those knives.
Oh no I Some had to take that poor, unfortunate boy, v;ho,
terrified as he was - jumping out from his barracks v;indow and
v/ho sought to find an escape somehow - only to find himself in
the clutches of several of these negro boys.
Well - the Court heard a description of v/hat sort of a boy
this was. And can there be any doubt in anyone's mind but
v;hat that boy's terror, terror-struck as ho was, what ho must
have felt when he found he was in the hands of these negro
boys? He was just putty in their hands.
And we find that they take him away, le find that they
take him av/ay.
Nov;, v/hen you stop to think about this, and v/ithout going
into all of the lurid details of the matter -- v/hen you stop
to think of just what that general picture was. Yes, v/hen you
stop to think of its extreme viciousnoss; if you stop to think
of its extreme brutality; if you stop to think of about how
those men entered down there with malice in their hearts and
with clubs and knives in their hands -- can there be doubt in
anyone's mind but what they vi/ent dovm there for the purpose
not only of attacking and assaulting but for the purpose of
committing severe injurj'-. Yes - death. Murder.
You can't escape it. And I still say that it v;asn't the
fault of any of these knife wielders and none of the fault of
any of those club swingers, that there wasn't several others
Y<iho were dead.
Well, this Court heard the details of v;hat went on in
that area. The intensity of it. The Court heard what wont on
in that orderly room. It was streaked v;ith blood when they had
accomplished their purpose I
V/ell, I need not review in every detail what happened, but
we knov/ that what went on there in that area that night was
shockingly shameful. vVe know that it was a disgraceful thing.
Wo know that it v;as something that placed a blight on one of
the pages of the amials of our Army during this present War.
Tragic and unfortunate.
We know that it was a rebuff to the discipline that our
1704
Army has so strongly sought to instill into those soldiers.
All right, so much for the general picture.
Lot me say at the outset, and I don't have to say it to
this Court, that we don't have every raan that participated in
this matter. Ho don't have every guilty party standing before
this Court. And I will say in the same breath - how I v/ish that
we did have. And I v;ill say further, if the Court v/ill pardon
iue, that so far as I am concerned it is not my fault that we
don't have every single one of them standing before this Court.
I v/ill say this also. Tliat I don't know that it is any-
body's fault, I feel that anyone who has had any connection
v;ith this matter, if they could possibly have obtained proof
for this Court everyone of those guilty persons would be stand-
ing today before this Bar of Justice, just as these men are
seated over here. , :
But, they are not here. And it is circurastances yjq cannot
control that control these things.
Yes, \\iG know there was difficulty of identification, '.7c
have no quarrel v/ith counsel over that. But v/e also know that
there v\fore places and times when identifications could bo made.
And so far as the Prosecution is concerned - and I am duly
mindful of the fact that absolute fairness is required of me
in my views of this case - but insofar as the Prosecution is
concerned it is thoroughl^r and coraplotoly satisfied with the
identifications that have been made. And where the Prosecution
was not satisfied the Prosecution diaaissed.
Please don't misunderstand mo. Don't give me credit for
that. That is my duty and v/hat I should have done if I was
not satisfied and if I was not satified at this instant I
would again seek permission to dismiss.
Nov/ if it please the Court, you might as well expect it -
I might as well expect it - there is going to come quite a
plea that where there is just identification by one person,
just one Identification, one identifying witness - that a man
should not be convicted on the statement of that one person.
I say that that would bo a very erroneous, a highly
irregular yardstick to apply. If you do that you are apt to
turn loose one of the greatest culprits. Because all you need
to be is satisfied with the identification, v/hethor it comes
from the lips of one or ten witnesses.
Bear in mind that one man may have committed great damage
in that orderly room, or at any other place, but have done it
in an unostentatious manner. Maybe through his cleverness.
Maybe through lack of any design.
The stubborn fact remains that he v/as able to escape de-
tection except through the eyes perhaps of one person. Is
that man going to go scott free? Vi/hen his co-accused who v/as
1705
also in that orderly room uay have done much loss damage - much
less - and yet have done it openly where he v;as seen by five or
six.
I know this Court v/ill not seek to increase arbitrarily
the quantum of proof required in cases of this nature. You
have one witness. One .Vitnoss. And that meets the legal test.
That meets the legal test.
Of course, this Court knov/s that Insofar as the identifi-
cations in that orderly room were concerned - and some in the
immediate vicinity of the orderly room, especially with that
door open - as I noticed one member of the Court noticed and
then several laembors of the Court in the general inspection
noted - there was light coming through there and there was an
area immediately adjacent to it v/hei'o unquestionably those in
the vicinity could well be detected.
How do v;e know that? I know this Court believes John
Plnkney; that he had no axe to grind; and it wasn't an easy job
for John Pinkney to talk about the three men v>/ho are accused
in this case who v/ere seen dov;n there. It wasn't an easy thing
for him to do. And I can well think v/hat there must have been
running through his mind since ho sat dovm in this witness
chair.
And whore did he put Frank Hughes and Yifallace Wooden?
How could Pinkney see Frank Hughes and nVallace .Vooden where he
put them down there if there wasn't visibility outside that
orderly room? Just bear that in mind.
And there isn't any question but v/hat next to the v;indows
and next to the doors there v/ere lights shining; there v;as
reflection from those lights; and those who were in that imme-
diate vicinity could be seen.
I do want to take up with the Court briefly each of the
accused in this case. It so happens that in order for this
opening siiimaation to be properly begun - to be properly opened
up - it becomes my duty to make reference to those matters.
And I -wish to dwell briefly as to the evidence pertaining to
each of these accused.
The Court has taken its ovm notes and I know that the Court
is not dependent upon what I might say with respect to the
proof in this matter cjid I v/ant to say to the Court, that while
I vi/ill strive to bo not only as complete as possible in what I
present to the Court as the evidence against each of the ac-
cused, I also v/ill strive to be as accurate as it is humanly
possible a person can bo. If some inaccuracy should develop
I trust the Court will stand ready to correct it and understand
it is due to the human frailty in error in not having the
matter correctly in mind; although I think that by now I should
have it correctly and clearly in my mind.
In any event, the Court has its notes and it has the
1706
stenographic record available to it in case any question should
arise as to the testimony of each of the accused.
TakinG the accused in order, Nelson Alston first; and tak-
ing thera in the manner that they appear in this little pam-
phlet which the Court has. T/e find that Alvln Clarke has
placed Nelson Alston in that area with a stick in his hand and
we find that T/4 Alvln Banks said that Alston, after returning
to his barracks, remarked "You fellows that didn't go dovm there
was yellovj. "
Now in the first place, Alvln Clarke, v;ho took this witness
stand, testified to having seen several men dovm there. There
is no question but what Alvin was down there himself, because
he got clouted somevihore close to this orderly room and the
accused Riley Buckner had to take him out of that area. So
we know he vifas there. We knov/ he was there v/hcre he could
observe the others. Is there any reason why Alvln Clarke
shouldn't tell the facts? ll/hy should he say he saw one indivi-
dual vjhen he sav/ others and we know ho was in the thick of it.
He was where he had plenty of opportunity to see them and
then Alston's statement on the stand v/as that the only reason
he could figure that Clarke put the finger on him was because
he v/as sent overseas. And that can carry no weight, because
Alvln Clarke implicated men vtfho remained behind as well as men
who went overseas. There is an apparent fallacy in that.
Nov/ Banks. "Jhy should he give testimony of that nature
to this Court. He v/as not granted immunity. He was just brought
In as a witness in this case and took his own chances, and yet
ho tolls us that Alston, v/hen he came back, made that statement
and that is a natural statement for someone to make v/ho was
dov/n there in the thick of it and who expected to see others
dov/n there in the thick of it, and was perhaps disappointed that
he didn't see others that he expected to see. But chances are
ho sav/ most of them. But, there may have been some that he
missed.
'.Ye will pass from him nov/ on to Richard Barber, against
whom the evidence is so ovorv/helraing that much comment is not
needed. But you knov/, It is an interesting, and I knov/ it is
interesting to this Court - and I know this Court is bound to
realize how extremely cautious statements of the accused must
be taken when you viev/ them in the light of v/hat transpired
In the light of the developing of the testimony against Richard
Barber. But we find that Barber finally placed himself close
to that area. And how he strivod and how he struggled to
stay out of that orderly room.
Well, some of our v/itnesses placed him in this orderly
room. He himself admitted he equipped himself with a lothal
v/eapon, and v/e knov/ that he started dov/n Into that area, and
we knov/ that he v/as in that orderly room - and hov/ do v/e know
it?
Wg don't have to depend on the witnesses that placed him
1707
thero that had b^en granted immunity. No. I v/111 mention
then, although v/e don't need to defend all of them. Roy
Daymond sav/ him next to the orderly room. 'iVillic Ellis first
saw him in a joep v;ith Sanders and then sav; him going in door
A of the orderly room. Jessie Sims sav; Barber in the vicinity
of the orderly room. The witness Todde sav; him wearing a
helmet in the orderly room. And Grcsham said Barber came in
door E and looked in.
vVgII, I am sure that counsel vi;ould s>:
fault v;ith the testimony of each of those,
that John Pinkney comes in and says "Yes",
was in that orderly room.
iok to find some
but then, we find
that Richard Barber
Well, I mentioned the witness Grcsham in connection with
Barber's testimony and I v/ant to digress for just a moment
from the further discussion of Barber's testimony to say
something about the witness Grosham and something about his
testimony.
In the first place, the Court I knov; has reached its own
conclusions and has the capacity to judge witnesses. To me,
Greshara portrayed the part of a very fine, frank, open witness.
I was greatly impressed with his tcstiiaony. But what happens?
Of course v;hen Gresham, during the investigation, was called
before him - which was admitted by the accused Barber himself -
v;hon he v;as brought before th^m to put the finger on these men
and to give incriiainating testimony against them - then suddenly
somehow, some way, someone conceived the bright idea that it
would be smart to try to implicate Gresham.
But this Court knov/s - this Court knows that they have
nothing that implicated Gresham, for tho simple reason that
they would have told the investigating officers something about
it, and especially after Gresham was brought in to confront
them and to tell them just y;hat had happened, and what he had
told the investigating officers - as v;as admitted by the v;it-
ness Barber in this case.
Don't you know that that would have been the normal reac-
tion and would have been the thing that those men would have
done? They would have Immediately spoken about Grosham, and
not one word v;as said. And v;hen Gresham was up in Court hero
and testified, then v;c find thoy try to put the finger on
him as having been connected with the original whistle blowing
or something like that.
All right. If Gresham had anything to do with that escapade
if he had anything to do with it other than to go dovm there at
the request of the MP's and stand at the door of that orderly
room and to keep any colored soldiers from coming in - if he
had anything to do v;ith it beyond that - then why - oh, why -
didn't they produce one single v\ritness to say ' '"' ""' ■^^
accused themselves.
so other than the
1708
Wouldn't it have been simple to say that Gresham had
some connection with this matter , other than the belated tes-
timony of the accused, when they were given opportunity after
opportunity to tell and inform the investigating officers
of any material thing?
Now I v/ill say this, in the samb breath. Oh, if they
could but furnish some reliable testimony - some reliable tes-
timony that Gresham had anything to do v>?ith the matter - I
v/ould be the first to v/elcomc that and to sec that he was
tried by Court iviartial. But there was no immunity granted to
Gresham.
He came into Court on his own entirely. Ho was called and
summoned as any witness and there has been no immunity granted
to him. So far as I can see, I have received not one bit of
testimony or evidence that I consider reliable that connects
Gresham up with it in any v/ay.
Nov/ passing from Richard Barber wc come to Willie Basden;
and I don't think there is the remotest doubt, the remotest
chance, that Corporal Haskell could have been mistaken in
vi/ho ho saw coming through that orderly room swinging his club.
Well, here is the tip-off on what Willie Basden himself
had to say about it. Now mind you, Willie was a pretty good
witness. Of course he knows he is not supposed to talk. Ho
will say "No sir" and "Yos sir" and he stays with it. And I
think anyone can say that is a pretty fair rule to follow
vi/hen you are on the 'witness stand. And I surely hope if I am
ever called on the witness stand, if I ever happen to be an
accused, I hope I will have as much sense as Willie Basden did
when ho testified.
But even with all that - his foot slipped. And I say it
was the tip-off that showed that Corporal Haskell v;as correct
in his identification. Willie wouldn't say v;hether he went to
bed at 7 o'clock, 8 o'clock, 9 o'clock or 10 o'clock. But,
when you hit 11 o'clock - yes, then Willie said "Yes," ho was
in bodi
<Vell, "Vftiy do you say you v/ere in bed at 11 o'clock,
Willie?" and Willie ;jaid "II^' statement says so" and that's
v/hy. He must have boon in bed by 11 o'clock he said bocauso
"It is in my statement."
All right. That, to me, moans only one thing. Willie
made up his mind that he was going to stick to his story and
he stuck to it, v/hethor it made sense or not. He v;as going to
stick to it and he wasn't going to say that he had been in bed
any time before 11 o'clock - because he didn't know v/hother,
but what someone might have been ablo to produce proof that he
wasn't in bod at 7, 3, 9 or 10 o'clock.
But he had to be in bod by 11 o'clock, or else his story
would be v/ithout an alibi and he might be out-alibiod by some-
one v/ho could prove differently.
1709
Law MorabGr: Colonel, you havo already gono a little over
40 minutes.
Trial Judge Advocate; AH right; thank you.
Law j.lomber: '.Ve can take a five-minute recess at this timo
and at the end of the next 40 minutes v/e v/ill take our 15-minute
recess.
President: Court will take a f ivc-:.iinute recess, and wc
will remain seated.
Court vjas in recess for five minutes and proceedings there-
upon resumed as follov/s.
President; Court v/ill be in order.
Trial Judge Advocate; If the Court please, continuing on
with the next accused, y/o come to John S. 3rov/n, v/ho was def-
initely identified, positively identified by two Italians.
Corea vms one, who said that Brown struck him upon the arm
and the other one by Perata, v;ho said that as he v/as lying on
the floor Brown threw a piece of glass at him.
Now let it be remembered that each of those witnesses iden-
tified a man v/ith v/hom they had a personal experience and that
is because it wasn't that they just saw someone passing through
the area, or saw someone standing at a certain place, but they
had a personal experience with him.
I think this Court will agree that the accused John S.
Brovm is not a difficult man to identify and is not a man
whose facial features are difficult to reraember; it is not diffi-
cult for one to remember his facial features.
LIow two different ones identified him, and both of them
were the objects of an assault emanating from him, so they had
good reason to fix in their minds the appearance of that man.
Let's be fair about it. There is a stipulated testimony
in this case given by Earl Lallis, a Sergeant, who was a cook
with Brovm, in the same outfit, they worked together, and v/ho
slept close to him, v;ho says he was awake and heard the disturb-
ance and that Brovm was asleep. That ho tried to av/aken him
and that he coiildn't wake Brown. Brown remained asleep.
But, if it please the Court, that won't quite do. That
won't quite do. Because there v/as read to this Court by stip-
ulation, an excerpt of the testimony that the accused John S.
Brovm gave as to his alibi witness Earl Lallis, and there wc
find that John S. Brovm in that testimony had said that Sari
Lallis awakened him, told him about the disturbance, and that
they had a conversation about it and that then he said No,
he was too tired, he was ''going back to bed."
V/oll, here is the point about it. If Earl Lallis could
1710
be so certain that Brov/n was there the entire time, then It
seems to me that ho could also have knovm the very Important
question of whether he had. any conversation or whether that
man actually was asleep the entire- time - as he v/as telling.
Now that Is important. Important because those are the
things that the Court has to look to to determine v;hcthcr a
man is coming into Court and telling the truth or v/hether he
is coming into Court for another .purpose .
Well, Riley Buckner. No question but what he v;as in that
area, because the man that he brought out said that it was
Riley Buckner that brought him out and I am referring to the
testimony of Alvin Clarke.
But v/c don't have to rest it upon Clarke's testimony
alone bocauso V/illle Ellis said he saw Clarke and Buckner
somewhere just outside of door A. We have got Riley Buclmer
then somewhere right in the shadov/s of the orderly room.
Let me say something about the testimony of Willie Ellis.
I want to say to this Court that If - and I say this in all
candor and sincerity - If the Court doosn't believe every bit
of testimony '.Villio Ellis gavo, then I am not going to ask
you to believe any testimony. I have never seen a witness
that spoke v;ith more frankness or candor than ".Villi; Ellis.
There is not one lota of inference or chance of casting a
suspicion against the credibility of Willie Ellis as a witness.
There is no reason why he should have told the Court the
things he did except to reveal the true facts as he sv/ore he
vifould v/hen ho took the v/itness stand.
Nov/ passing on to Sylvester Campbell. Hero is an in-
stance of an accused against v/hom one v;itness was produced and
I know that counsel will appeal to this Court against accepting
the testimony of Battle. I have just completed talking about
the kind of witness 'Willie Ellis v/as. And I don't think - and
this is my honest view - I don't think that Battle v/as any loss
eager to toll the truth about this matter than Ellis, but I,
at the same time, must adaiit that Battle v/as not the v/itncss
that Willie Ellis wa;
<.o •
On the other hand, for this Court, there is not an iota
of reason or justification for you to discredit the testimony
of Battle just bocauv-^c ho didn't make an excellent v/itness.
Are wo justified in saying, without going into the matter fur-
ther, "Oh, he got ;.ii.^od up in a couple of little things and
therefore v/e can disregard v;hat else ho says." Is that the
approach? I don't think so. Let's take a look behind it all
and see.
In the first place, we knov; that Thomas Battle v/as dov/n
there. There's no question about that. '.Tny should he put
himself right in the big middle of the matter if ho wasn't
down there? And isn't it reasonable to assume that he saw a
number of other colored soldiers down there just as others have
told us they saw a niimbor of them dov/n thoro?
So up to that point there is nothing strange about Bat-
1711
tie's testliaony. if that is true, thon why should v/c say that
Thomas Battlo had identified some with deliberate crroneousness?
kVhy? I'Vhy?
'.Vhocvor he saw he is in a position to tell this Court and
why should ho select one Bian over another one? iVh
it be to hin?
t gain would
But this is
else. If Thomas
to pick out ei^ht
by others, then I
there could bo a
is not what happe
Thomas Battle tol
room that were pi
And I think that
passing on the to
the thing that convinces me as much as anything
Battle had come into this Court and triod
or nine, none of v/hora had boon identified
would say in view of all the circurastcnces
ittlo question about his testimony. But that
nod hero. There were several men that
d you he sav; in the vicinity of that orderly
cod there by a number of other v.'itnesses.
Is a very important factor to be placed on the
stimony of Battlo .
Oh, 1 know - I know they tried hard to assail his testimony
but just because he might have gotten a little confused under
the pressure cross-oxaiaination of counsel on where he saw somo
of these men, and finally flatly said that ho v/asn't going to
place them anyv/hero but v/hore ho
thciii - that is no reason
for doubting his testimony in the least.
I v/ill admit and I think anyone v/ould do the scjno, that
under the hanrmcring of tlio cross-examination and under the
searching and cork-screwing examining of counsel, he wasn't
v/illing perhaps to commit himsolf like some other witness
ve done. If he had wanted to lie he might have done
this man here'
might h
that. Ho could have said "l sav.
it, but instead of that he said "I can't be sure;
s-uro", but that is frankly different from the
v;ho has seen something like he did. He wouldn't
ho saw the
and stayed v/ith
I can't be
m eight foot from the orderly room or fifteen
average v/itness
l \;hethur
feet.
But, if hi.- saw them anywhoro down there in that area, the
v;ere down there for a purpose. They v/ere dovm. there to lend
their aid and support, v/hother actively participating or by
their presence. So it is v/holly immaterial to me -v/hcre Battlo
saw them in the area, and I don't believe anybody would come
into this Court and say
didn't see them thuro.
av;
certain men down there v/hon ho
Well, lot us pass to the accused Johnny Ceaser. Alvin
Clarke said that he hoard Ceaser speak about his activities
down there. Battle saw Ceaser standing in that vicinity of
v;hero he v/as. Corporal King told us Johnny Chaser was by th^^
tent that was next to tiao orderly room.
Now bear in mind, Thomas Battle was standing somewhere
within the vicinity of this orderly room and Corporal King
comes along and says ho sav; Johnny Ceaser standing in the
vicinity of the tent, next to the orderly'' room.
»?cll, there hasn't been anything brought in here to
171$
assail the testimony of Corporal King. There v;as a boy who
stuck his neck out plenty, he stuck It out a mile v;hen he went
into this orderly room from a hu^nanitarlan standpoint to try
to help some of these Italian boys, and then he was told by
one of the accused to get on out, he had no business there, or
words to that effect.
•Veil, one threatened him with something; or later on some-
one said to him "I ought to have hit you." Nov/ he went down
there to help and I think he deserves just as much credit as
John Pinkney. Just as much. And there hasn't been anything
brought in to question him; not in the least. King was down
there .
Of course. Sergeant Jones, v/ho was in charge of the MP's
that were there said that King v/as one of those v/hose services
he enlisted; that King came dovm there with him and he went
in the orderly room to help take care of the wounded.
Nov>r King, I say, is a v/itness who, in his testimony, the
utmost verity can be placed. Todde saw Ceaser in the orderlj^
room. Chapman heard Ceaser say he was dovm there. So we have
a number of vi/itnesses against the accused Johnny Ceaser.
Passing from him to James Chandler, we find that Jessie
Sims - and there is another boy, there is another man v/ho
unquestionably brought before this Court the testimony as he
saw things. And Jessie Sims was certain of v/hat he saw too.
Counsel, you -vyIII recall, cross-examined Jessie Sims, but
he found that he knev/ what he was talking about and I am sure
that this Court concluded that Jessie Siins told the Court
everything about what he saw in there on the evening in ques-
tion.
James Chandler was in the orderly room, so Sims says. Nov/
Battle saw him there too. Now why did Battle say he sav/ James
Chandler there if Chandler wasn't there? '^Yhy did Battle say
he sav/ him there if he wasn't there? And other witnesses have
corroborated that. Other v/itnesses have corroborated Battle
and Gresham, who comes there at a time when Pinkney and the
MP's go down there; Gresham says that Chandler v;as just outside
of the orderly room.
And nov/ v/e come to James Coverson. VJell, I have discussed
this testimony once before because the Court recalls counsel
made particular mention of him with respect to a motion, in sup-
port of a motion.
There is no doubt of the sufficiency of the testimony and
the evidence in this case against James Coverson. Let this
Court bear just one thing in mind. If I were to say, for example,
if I sav/ a man assaulted dovm the street, if I v/ere to go to
someone and say "I jixst beat up Major Crocker unmercifully";
if I were to go to one of the other Liembers of the Court and
say, "I just beat up i.iajor Crocker uniiiercifully, " and it v/as
found that Major Crocker was lying dovm the street suffering
1713
from this unmerciful Seating, and after all the testimony v/as
brought into this Court, v/ould the Court convict me or would
it acquit me? Well, that is what you have got here. You
have got some Italians v;ho were beaten unmercifully; you have
got this riot; you have got the facts; and you have got a man
coming out and saying "I beat one or tv^ro of those Italians
uniTiercifully . "
No reason for making an exception in this case. Abso-
lutely none. If that testimony is to be believed - and we know
it meets the legal test - then what reason is there that a
conviction should not be based upon it then? There is none
I submit. And further, it was a natural thing for him to say.
That's another thing that lends credence to that particu-
lar testimony. It v;as a very natural thing for those boys,
after they v/ere dov/n there, to come back and tell about it
in a boasting way. They were discussing their escapades and
I submit to the Court, they vi/ere telling v\fhat they did and
that is what he did, v>/hat he said, "I beat one or two of those
Italians unmercifully.'
All right. Now getting on to the accused Willie Curry.
iiVe find that again Battle identified Curry as getting out of a
jeep vjlth a club in his hand and that Curry had also spoken
of having spanked an Italian or two. King savi/ Curry close to
the orderly room. Chapman said he wias driving a jeep.
Now was Battle telling the truth, or T/5 Sanders, when he
said he saw Curry down there and Alvin Murray said he saw
Curry in that area.
Now if you stop to piece Battle's testimony together and
then take it apart, well you sec how thoroughly it Is corrob-
orated in a number of instances, well then I think there is no
justification for seeking to discredit him.
So the testimony against Willie Curry, coming from these
five vifitnesses is clearly sufficient.
Passing on to Lee Dixon. Now in connection with his sit-
uation I want to discuss the testimony of the v/itness Todde .
If the Court remembers, the Sergeant Major Todde identified a
number of these accused. B^ar in mind that there is an identi-
fication by one in a lone instance, and this may have been the
lone instance, but in almost every instance the identifications
of Todde vjere supported by the identifying testimony of other
vi^itnesses.
But here is a man who, this Court knows from having observed
him, that was standing in that orderly room taking careful note
of things. In the first place, you can tell by his actions there
and, in other words, you can tell that this is a calm and col-
lected person, one v/ho v/as a careful observer and he vms observ-
ing particularly close that evening.
iiVhy? Because he knew his life was in particular danger
1714
and he knew he could hardly escape serious Injury, and isn't
that the v/ay it turned out? '^en he fell Into the hands of
Green and Prevost he very barely escaped serious injury and
had he been alone, if he had been alone - one wonders, because
one of them had a knife and the other one had a club. And
it was in there where he had a light and could observe them
very well.
He said definitely it was Green and Prevost. But I am
principally pointing out the opportunities that this man had
for observation while he v/as in that orderly room and for
observing all that went on. And he had observed all that
went on up to the time - and without injury mind you - up till
the time he got over to the door, v^hen Green and Prevost got
after him. But up until that time that man had been standing
in that orderly room, doing only one thing: observing those
men and their movements closely so as to avoid becoming a vic-
tim too. He didn't want to become a victim of their assaults
either, naturally.
All right. Now he said that he definitely saw Dixon.
And he told this Court where he saw Dixon in that orderly room
and it wasn't that he merely was on the outside of that order-
ly room. He saw Dixon inside this orderly room. And he def-
initely placed him there.
Well now, Todde testified that he picked him out of the
show-up, right from the beginning. That there was never any
question about it. He was positive in his identification.
And there is no proof to the contrary that Todde didn't pick
him out the first time and that he was not thoroughly consis-
tent in his identification of Dixon.
Now did Todde know Y»?hat he was talking about? Well,
Todde identified several others, others in that orderly room,
just exactly as he did Lee Dixon. He identified Wallace Wooden
and he identified Johnny Ceaser, and he identified John Hamil-
ton and he identified Richard Barber as having been in that
orderly room. Everyone of them. 7/ell, there isn't any doubt
in this Court's mind but what every single one of these men
have been overv/helmingly shown to have been in that orderly
room.
So does Todde know what he Is talking about? Can his
identifications be depended upon? Just because Dixon might
not have stayed Pi^ Icng as the others and others didn't see
him and were not able to Identify him is no reason why it
should not be sufficient and thoroughly satisfy this Court that
it was Dixon. We have no testimony in this record that Dixon
was any place else or doing anything else. This is uncon-
tradicted testimony. This is uncontradicted testimony. It is
undi sputed test imony .
All right. Passing on to Russ Ellis. Well, Willie Ellis
has known Russell Ellis for a long, long time. Willie Ellis
said he sav^f Russell Ellis with a club on the inside of that
1715
orderly room and that he also heard Russell Ellis talk about it
later on. He said he saw him there. Now.
There never was any doubt in my mind and I don't think
there v/as in this Court's mind, about the testimony of V/illie
Ellis, in any phase or in any particular. But let's just assume
for the minute there might have been a little doubt. About
Russell Ellis.
Whatever doubt there was in my mind, I knov/ it was removed
from my mind when he took quite some time to explain, because
he tried to make this Court believe he just went through cer-
tain movements and that he just came dovm to the doorway and
said he was there for just a minute or two and later on, per-
haps three minutes he said. Then later on, v/hon we bored into
that testimony, we suddenly found Russell Ellis not being able
to tell this Court what he was doing, and then finally, he
said ho v;as there fifteen minutes. And those are the telling
points on how to decide on vi/hother a v/itnoss is tolling the
truth .
There is no reason on earth why he should have wound up
saying he stood there for just fifteen minutes; just standing
there; standing there.
Incidentally, that was the favorite spot to select in all
this testimony. In the doorvmy. My goodness sakes alive; my
goodness, how that door'way must have been crov/ded; hov; crowded
that doorway must have been that evening.
Well, wo will pass on to the testimony as to Emanuel Pord.
Now Jessie Sims says that Emanuel x^ord was dovm there. He put
him there definitely. There wasn't any question in Jessie
Sims' mind about his testimony, Sims knov; him and Sims put him
there. "iVell, there is nobody that has said that ho was not
dovm there. Nobody has said that thcj?- saw him elsewhere.
Jessie Sims says positively he was there. And if he wasn't
there, where v/as he? Jessie Sims had no occasion for saying
that Emanuel Pord v/as dovm there if Jessie Sims didn't see him
dovm there .
Well then v;e come to the testimony as to Ernest Graham.
It rests on Battle's testimony. Nov/ efforts have been made to
bring in an alibi as to Graham, but v/hen that is carefully
deciphered we find that Graham had ample time to be in that
area and still be where the v/itnessos said they sav/ him. The
point that I am making is this.
l/Ve knov/ that Graham v/as at a certain place up to a certain
point, but v/e also knov/ that there isn't a single witness that
has placed him at a point av/ay from the Italian area throughout
the time of that disturbance.
Now we haven't said anything more about him than the fact
that he was dov/n there in that area and v/as somev/here betv/oon
barracks 709 and that orderly room. He v/as somev/here in that
1715
vicinity. \
Now hov/ long he was there I don't know; our proof don't ;
show. All wo know is that he was down there. And I say to ;
this Court that the testimony of the Prosecution that he was i
dovm there is entirely consistent with the testimony the '^
Defense has produced, seeking to establish an alibi, because |
no one has come into this Court and said that they saw him or ^
were with him the entire time that this disturbance took place. 1
Passing from that on tc Jefferson D. Green. We find that ;,j
Todde, whose testimony I discussed a while ago, had the exper- ]
ience with Green and Prevost together. And the greatest of -j
reliance can be placed on that testimony because there was ;
Todde 's experience with those tv>;o men and ho had to vi/atch them j
and he had^ to be careful. One with a cl\ib and the other with
a knife .
Well, there isn't any question but what Todde is telling
the facts about it in my estimation and it is corroborated
in too many different v\fays for him not to be telling the facts i
about it. We know Willie Provost was down there from the j
testimony of other v^itnesses. We can take Willie Provost's 1
own word for it as set forth in his confessiont So how are ]
we going to say Todde didn't know what he was talking about?
You have them right there next to door E and one of them ]
had a knife and one of them had a club in his hand. Now just ^
think what an impression that particular experience must have ]
had on Todde; what an impression it must have made on him. j
And there isn't any doubt but what it must have rather indel- :;
ibly impressed itself on his mind. "Yes," Todde says, that's j
right, "Green was down there." j
And Battle said he saw Green there. And Battle put him j
at a windov; on this side of the orderly room (Indicating to i
Map)i There is v/hore he had his experience v;ith him. i
Now they both put him right in the same vicinity. So I j
say, vifhen you take the testimony of the witnesses against "j
whom some question is sought to be cast and if you stop to ^
see how it isNanalyzed and corroborated by other v/itnesses, you .;
then begin to see how strong it becomes and how effective. .!
Vi/e will pass on to John Hamilton. Well, our proof is -
rather abundant against John Hamilton, Sims heard Hamilton say j
he was down there. Ellis sav;/ Hamilton v/ith a club in his hand \
in the orderly room. Todde saw him in the orderly room. ^
Gresham sav/ him as he came up to the orderly room. Chapman, i
that Hamilton had spoken to of having lost his dog tag down j
there or someplace. Well, he did. He lost it in that orderly '\
room was where he lost it. l
Well, we produced the proof that the dog tags were found ;]
in that orderly room and they are John Hamilton's dog tags. /|
1717
Nov; if it please the Court, you don't just by accident drop
dog tags in an orderly room, ■'■'hat would be a strange coinci- j
denco indeed, that there - at that very unfortunate spot - |
Hamilton's dog tags should suddenly have unloosened themselves ''
and dropped to the floor. You don't lose dog tags under those
circuiastances just that v/ay. You are much more apt to lose
them by having some strong, physical, bodily contact. This
Court is entitled to draw its deductions. This Court is en-
titled to draw its reasonable inferences.
Passing on to the testimony relating to Prank Hughes.
Well, all right. Here is Roy Daymond, he said that he saw •
Prank Hughes in that orderly room and that he had a large
knife in his hand. Oh well, they don't want to believe Day- 1
mond; oh no. They don't want -to believe that Roy Daymond saw |
Prank Hughes down there. No. '\
')
«»fell then, all right. Jessie Sims says he saw Prank Hughes i
down there in that area. <Vell - they don't want to believe ,j
Jessie Sims either. All right. But then Addison George comes
along and Addison George says he saw Frank Hughes, David I
■JValton and Robert Sanders returning from the area and they I
talked about beatin" up the Italians. 3
So, of course, there is some question about Addison
George's testimony too.
Ah, but now, now the light strikes. Pinkney says he i
saw Prank Hughes with Wallace Wooden in the corner of room Y. :j
And what about the testimony of Sims and the testimony of \
Daymond; are they telling the truth? Or arc they not?
]
I am going to skip the testimony relating to Sergeant 1
Hurks for the time being, because I want to discuss that in ^
connection v/lth the second charge. We vfill pass on to the j
testimony relating to the accused Walter Jackson. i
Again, Willie Ellis, who testified with frankness and ^
candor, said he sav/ Vifalter Jackson with a club in his hand near
door E on the inside. He said he saw him with a club. It ,
wasn't merely Vifillio Ellis says he saw him dovm there some- i
where; ilo he said v/here he saw him. And Willie Ellis knew i
what Jackson was doing. He knew where he was. And he said he J
saw him there. So there can be no question insofar as the proof ^
of this case is concorii.-id but what a man v/as there himself
and, one viho v/atched the pi'oceedings, a man who saw Jackson. ,;
i
Well, I vi/ant to discuss next with the Court the testimony
relating to Herman Johnson. Well, at first, the first v/ltness
that gave any testimony against Herman Johnson vifas Battle, who
said that he saw the LIP's take a flashlight from him - or, I
beg your pardon; that Johnson had said the MP's had taken a
flashlight from him and that he had lost something dovm there. 'I
All right. Tliat is the sworn testimony of Thomas Battle. "j
But they said, "Battle, you are lying; you are not telling i
the truth to this Court; you are not a credible witness." J
1713
1
V/ell, I v;ant to tell you that almost everything Battle has \
told this Court has been corroborated, with the possible excep- J
tlon of a couple of those men. And let's see how it is corrob- 1
orated. •!
I
Hamilton, or rather Johnson, came in and said he lost his :
trench shovel dovm there. Just exactly v/hat Battle said; the J
substance was the same. And then we put on Murray and what does I
he say? He said "Well I saw Johnson dovm there, he and ?/illie ^
Curry and somebody else was being rounded up by the HP's, and
I saw them dovm there." And ho said further more after the
thing vms over with, "Jolinson comes in and asks us fellows if
we had a trench shovel he could have . "
iVell, he wasn't losing any time getting another trench
shovel to replace the one he had lost in that area. There
isn't any question that that is his shovel here. But then ho j
comes up with the story somebody had taken his shovel and it
was lost down in that area; so somebody must have taken it.
My goodness, he even bungles on that testimony. He won't
admit that he lost it but he admits it was gone for the first
time that night and that it was standing up by the bunk or laying
on the bunk, when he missed it. And here is the tip-off.
iiVhen Johnson took the witness stand and on cross-examlna- I
tion admitted that he wont a hunting for a trench shovel that j
night, he couldn't tell this Court v;ho took it from him or who ]
he got one from or who ho talked to. iVell, this Court can know \
as well as I that Murray told the truth when he said ho came up i
and told them he hadn't been issued one; that they had run out, >
and he was trying to get one of theirs. ;
I was convinced Murray told the truth about that. There
is some stipulated testimony the Court wants to bear in mind
on that, and I know the Court will consider that carefully;
there ^ are witnesses who claim they saw him on the evening of ;l
the disturbance, but that he was not in their presence during
the time of the disturbance.
■%
Please understand we are not contending for a moment that ]
Johnson was dovm there for the v/hole time. No, we don't know
how long he was dovm there and when he was down there, but we
are convinced of one thing and that is that he was dovm there
and that his trench shovel hu claimed to have laid down in
barracks 709 v;as with him v/hen he was down there - he was there '*
all right, or that shovel would not have boon found there. Just
as Murray said.
All right. We will pass on to the next one on this list. .i
Willie G Jones, But he will be discussed in connection v;ith ]
the second charge also, at a later time. 1
Next is Henry Jupiter. Well, Clarke says Jupiter was in
the area with a stick in his hand and Corporal King said that
Jupiter was close to the orderly room. Now there is a peculiar
thing about the testimony of the accused Jupiter on his ovm
defense. And that testimony coming from Alvin Clarke and Cor-
poral King is strong and is convincing with respect to this.
1719
And the peculiar thing about this testimony of Jupltor himself j
is that he says ho v/ent downstairs after the crap game was -*{
broken up. He leaves the crap game and goes dov/nstairs and •:'
stands around for a v/hile and comes back and v/ants to start a '|
new crap game. He wasn't even interested enough to inquire i|
about what was going on. 1
h]
Well, that just doesn't sound reasonable.
Nov; passing ovfer Luther Larkin, because he will bo dis-
cussed in connection with charge tv/o later also, and going on 'J
to the accused Loary Moore. ^
President: iiVe will take a fifteen-minute recess. ,
Court v/as in recess for fifteen minutes and proceedings !
resumed as follows:
President; Prosecution ready to proceed? '
Trial Judge Advocate: Prosecution is ready, sir.
President: Defense ready to proceed? \
Defense: Defense is ready, sir.
President: Court v/ill come to order. i
■;(
Trial Judge Advocate: Let the record shov/ that each of J
the accused are present, other than the accused Roy Montgomery;
that all members of the Court are present as well as the per-
sonnel of the accused and the personnel of the prosecution. j
President: Proceed. r.
Trial Judge Advocate: Novj if the Court please, I am passing
next to the testimony of Roy Moore - pardon me; Loary Moore.
Jessie Sims saw Moore with a club and Gresham said that
Moore was inside the orderly room when Gresham came and took 1
his place at door E. Well, that is strong and convincing testi- )
mony. Loary Iloore took the v/itness stand and in substance -!
his testimony was this; '|
That he v/as in his barracks; that he v/as in bed; that he vms j
asleep; and that Wallace Wooden comes running in and tells him ^
to get his pants on, that the Italians might burn dovm the bar- |
racks. ^
"iVell, that story, coupled with Moore's fiirther testimony
that he slipped on his pants, v;ent to all that trouble and then
crav/led back in bed and stayed there with his pants on so that
in case the barracks v^rould be set on fire he would have the ad- i
vantage of having his pants on - vjell, that testimony is very, 'I
very unimpressive to rae. •]
And if that is all; if that is the sort of testimony that j
1720 i
J
i1
the accused must stand on in order to seek to overcome these
identifications, then I am afraid that they are too v/eak to be
of much help.
Those tv/o men could not have been mistaken In their identi-
fications, in the identity of Moore, because both of them had
known him. It isn't that they just saw him at some area v/here
they may have been - because of darkness or otherwise, could
have made a mistake - they saw him in that orderly room.
Now passing froDi that to the testimony relating to the ac-
cused ATillle prevost. A'ell, we don't have to spend much time on
that, except that it Is important for this Court to bear in
mind that he is one of the t\i/o men vi/ith whom Todde had that ex-
perience. One of them had a club and the other one had a knife.
It is important to remember that.
VJe know that Willie Prevost was down there. He says he
was down there with a mob, and he v/as down there v/ith a club,
and if he didn't have the club, then Green had the club and he
had the knife. And there is nothing to have kept either of
them from having both a club and a knife. But, one of those
two men had a club and the other one had a knife.
Now v/e know Prevost was down there, because in his own hand-
writing he has told us he was down there and he told us in his
ovm handwriting he was down there with a stick. '.Ve don't have
to depend on that alone. Gresham also saw him just outside of
the orderly room and Sanders, v;ho came into Court and testified |
he heard Prevost say he v/as down there. ._ ,'.|
Passing on from him \^q come to the testimony involving t
the accused Robert Sanders. Jessie Sims said he saw Sanders i
down there. vVlllle Ellis said how he sav/ Sanders down there
with Barber, first in a jeep and then they were goihg into
that orderly room. T/5 Cunningham testified that Sanders vj
brought Snow out of the area. Addison George you will recall j
testified that Sanders was araong the three who, after return- i
ing to his barracks, talked about how he and some of the others ]
beat up the Italians. , 'i
So the testimony, I submit, is clear, is convincing, as '^
to the activities of the accused Robert Sanders. }
Next, Freddie Siraiaons. Jessie Sims testified that Simmons j
was dovm there. Willie Ellis said that he saw Simmons with a j
club and after the I'ight Simmons remarked that an "Italian 3
liked to have hit him." 'i
So yovi have the testimony of two men v/ho were dovm there,
who had occasion to observe those v/ho v/ere in that orderly room
and their testimony was clear on that point of having seen j
Freddie Sii-nmonr. in that orderly room.
Passing from him wo come to the testimony relating to the
accused Elva Shelton. .Veil, there was an Italian by the name
of Grosse v/ho had testified that he saw three negroes in door ^,
1721
i
One of theni he was able to identify and that was i-lva iihelton.
Now this Italian witness was definite in his testimony with
respect to Shelton, but v;e don't have to rest the conviction
of ohelton on that testimony alone. Roy Daymond. Roy Da3rinond
sav; Shelton in the Italian area and he had a stick in his hand
and the Court v/ill check me on this, but I am almost certain
that Dayraond testified that he sav; him hit an Italian.
I know he had him in the area and I know he had him with a
stick in his hand and I think he went a step further and testi-
fied he saw him strike an Italian.
So ;ve are not entirely dependent on this Italian witness'
testimony, alone, in order to sustain the proof against Elva
-^Shelton.
Passing from him v/e come to Samuel Snow. And of course,
there is just no question about Sarauel Snow having been dov;n
in that area and the fact that Samuel Snow's experiences down
there were suddenly interrupted and came to a rather unexpected
end was no fault of Saiiiuel Snow.
- He v/ent down there for the purpose of s'<vinging and proba- ■!
bly sv/inglng long and hard, but Samuel didn't got to swing very j
long, or quite as long as he w/anted to, because someone took ',
a svifing at him and when Samuel caught that one, that v/as the
end of Samuel's brief sv/inging experience that night. Nov/
there is no question about that proof. Absolutely none. Be-
cause we have got Samuel Snov/'s testimony about it himself. ^
Ho thought he was going to catch himself an Italian conaing out
of the barracks, and he was running around the barracks and
getting all ready to tee-off against one of these Italians as ^
soon as he showed his head, but someone connected with Samuel
first and knocked him to the ground. It just so happened I
guess that one of the other comrades of Sammy's v;as probably
just as anxious to get himself an Italian as Sammy was and he
took off and connected with the ?;rong person.
So Sammy Snow was down there and left there v;ith a little
memento. There isn't any question about that and we have the
testimony of Alvin Clarke, who saw him in the area after he
v/as knocked out. He didn't actually see the act of his being
knocked out, but he saw him in that area when he vms in a
knocked out condition.
Vife come nov; to C. ViJ. Spencer, and we find that Sims saw
Spencer definitely in the area, and he v/as doing some chunking
on his ov/n. And wo knov/ there vi/as a lot of that going on, and
it is entirely reasonable for some man to have seen some man
doing some chunking.
If the Court please, I trust you won't mind my use of that
expression "chunking." That is an old favorite expression
down where I come from in Texas, and I know it means the same
to these v/itnesses as it means to me, if we say someone is doing
1722
some chiinkins that means he is throwing rocks or bricks. If
I am using a colloquialism I hope I will be forgiven. But that
means throwing rocks, and when we take a look at some of these
rocks and bricks they were heaving - well, these are junior
boulders that they were tossing around over there and Jessie
Sims found them in the orderly room, and this Court well knows
that they were thrown through the windows and at sorac of the men
in the orderly room, who had to do some fancy ducking escaping
those young boulders.
And he says ho sa'w Spencer doing some of that chunking.
I haven't heard any witness or testimony that Spencer was at
any other place and that he was not down in that Italian area.
How, the testimony against Leslie Stewart. Sergeant Parr
identified Stewart as having a knife in that orderly room. And
let's not overlook that, if the Court please. Sergeant Parr
identified Stewart as having a knife in that orderly room.
Now Todde identifloc him as being in the orderly room. It
is true that counsel referred to his previous examination, the
time that he talked to the witness Todde, at a time when he
passed him a little photograph, rather small - and I don't know
whether Leslie Stowa?^t looks the same on that photograph as
he does in person, I am not qualified to pass on that - but
I do say that there is no testimony that he had not picked out
Stev/art, all along, -when he sav/ him in person, as being one that
he sav/ in the orderly room.
Just because he might not have recognized him from the
photograph does not detract from identifications made by a man
in person. And he didn't have any trouble picking him out in
this courtroom here. He was consistent about that.
^But, suppose there sho\ild be, should remotely be some poss-
ibility of a mistake about him. ''hat about Sergeant Parr's
1V23
All right. IVe Vifill pass from him on to Nathaniel Spencer.
Jessie Sims said Nathaniel Spencer was down there and Ellis
said he saw him with a stick and that Nathaniel Spencer, after
the fight, said he had himself a brawl. I don't Icnow about
him having himself a brawl, whether he told the truth or not,
but he had one good chance and the fact that it wasn't carried
to full execution was because he too saw someone come out of ^
the area there and he winds up to take a swing at him and has \
it stopped by some other fellovi/, some other ally.
I think the significance of that testimony about Nathaniel
Spencer is simply this. Jessie Sims says he was dovm there and
Ellis says he was down there, and then Spencer comes in and by
his own confession says, "Yes, I was dovm there." How can you
say then that Sims and Ellis don't know what they arc talking
about . Both of them put him dovm there and both of them say
they saw him, and both of them come into this Court and testify
they saw him dovm there and then furthermore, Spencer in his
own confession early in the game had said he went dovm there
with a stick.
testimony and v;hat about the testimony of T/5 Sanders, who said
he heard Stewart say that he v/as doim. there.
So it seems to mo. It seoms to me that the evidence is
rather conclusive as against the accused Leslie Stev/art, and
there is no reason \/hy Sergeant Farr should not have been able
to recognize him in that orderly room, especially when he saw
him armed \;ith a Icnifc,
Passing from him to the next, to the testimony relating to
the accused Arthur Stone. '.Veil, again wc find that Jessie Sims
has him near the orderly room. Ellis has him in the orderly
room. Gresha^a says that he v/as in the orderly room v^hon
Grosham arrived with the MP's. Corporal King, who arrived
there with the HP's said he saw Stone as he v;as leaving the
orderly room. But again. Stone took the \/itnes3 stand and he
said he \/asn't down there.
But again, one of those little things, and those little
things are the matters that help the Court make up its mind
as to v/hether one is tolling the truth or not.
Stone comes along and wants to refute part of his statement
which is in his own writing, because it didn't jibe v/ith the
witness' testimony. The importance of that lies in one fact.
If a man has actually been a\»'ay from a scene of a crime or an
incident, it should be easy for him to learn \/horo he was or
what he did, ^specially because ho is going to be thinking about
that rather promptly.
Particularly, when it involved a matter oL' this kind.
lihen it wa:; known that there were many, many negro soldiers
involved. And when a man can't remember the same story that he
told on one day, if he can't remember the same story six v;ceks
or two months after that, a story he had so thoroughly impressed
on his mind - that is v/hen any listener is allov/ed to doubt
the verity of that story. 'That is v/here the importance lies.
We will pass on from him to the accused Richard Sutllff , and
there again Sergeant Fan" said, "that is the man who throv/ the
rock that I ducked." As bright as those lights were in that
orderly room; as closely as a fov/ of those :aon \/ore being ob-
servedj and then if somebody picked up a rock and threw it at
me and I ducked that rock, realizing if it had struck me it
\/ould have severely '..ounded mo - am I to bulieve I would have
any difficulty in recognizing that man?
Tliat is the testimony of Sergeant j'arr as to Richard Sut-
llff.
Passing on from him to Booker Thornton. '.Yell, Jessie Sims
says he sav/ Thornton on the v/ay out. .i/'oll, I believe he said
Thornton said he "Icnocked the hell out of oau Italian." Corporal
King said that Thornton told him that he had ought to have hit
him, and previously he sav/ Thornton standing at the front of
the door to the orderly room and Thornton - and this is a
1724
roasonable inferenco from tho testimony - soeins Eing in thoro
helping those Italians, helping to take care of them, Tliornton
says to him he ought to hit them.
Well, Thornton's alibi v/as a stiff arm. But upon looking
into that a little bit v/e find that ho had that condition,
according to his ovm testimony, for eight years. Well, ho
got along pretty well vi'ith that arm in the Army and I'll say
that anybody v;ho has had a condition of any kind for eight
years should bo rather versatile \/ith his left hand, and I
assume that the accused, under his ov;n testimony, v/ould have no
difficulty in making tise of his left arm whenever ho wanted to
and with the condition having existed for eight years, I sub-
mit it is a rather v/eak thing to bring before this Court.
Passing on from him to the accused Booker Townsell.
Clarke heard Townscll say that he was the first, that ho got
tho first Italian that was hit. Ellis saw Tovmsoll standing
with a club in his hand in tho corner of the orderly room.
Todde said that Town sell v/as in the orderly room. Grcsham
heard Townsell say that ho was one of tho first to hit qi\ Ital-
ian soldier, or words to that effect.
So you have got the testimony of those four men. Three
corroborated. And tho testimony produced by this accused under
tho stipulation made yesterday. The Court, I know, has those
stipulations in mind, but I might allude to tho fact that tho
testimony of those vi/itnossos is simply that they had gone to
bed at 11 o'clock, at v/hlch time Tovmsoll was In bed.
well, when they were awakened, the OD had come in, and the
testimony in this case shows that that v/as a considerable
time after the riot had come to a close. ^^Ixed variously at
different hours, but around one o'clock.
Well I am just sure that the accused Booker Townsell was
in bed by the time the OD came around, long after this riot had
come to a close. Aiid I have no reason to suspect that he
might not have been in bed before 11 o'clock,, but I have
plenty of reason to suspect that he was not in bed the entire
time, betv/een 11 o'clock and 1 o'clock.
Passing from him on to the testimony relating to Predd;ie
Umblance, We find that Battle said that Umblance was walking
with a club in his hand.
Nov/ if it please the Court, I don't care v/here Unblance
v/as walking with a club. It is immaterial to me if he was
v/alking in that Italian area v/lth a clvtb in his hand or not; I
don't care whether he was v/alking in and around barracks 708
or 709, or close to the orderly room. That is all I am inter-
ested in, that is v/here he v/as seen, and that is v/hat the tes-
timony shov/s here and if it cannot be developed as to the exact
spot where he was v/ith this club in his hand, it is Imiaaterial
to me.
The stubborn fact remains a witness says he sav/ him
1725
walking with, a club in his hand in that area. And the defense
has not produced a witness that said he v/as elsewhere. Not a
single v/itness.
All right, we v>?ill pass from him on to the testimony re-
lating to the accused David Walton. vVell, Roy Daymond said
that iiValton had a stick and that he saw him in the orderly
room. Jessie Sims said that 7/alton was in the orderly room
and that he made the remark that one of the Italian boys
v;ould have gotten a negro soldier if it hadn't been for him.
And Corporal King said he heard Walton say he had been in i
the fight and Addison George said he heard Walton talking with ^
them about how the Italians xiere beaten up, and this was after I
they had returned from down there. ']
Well, of course, nobody was carrying a stick around that
evening for any purpose other than to make use of it as the
occasion presented Itself. The testimony of Da7/mond and Sims
definitely places Walton in the orderly room and the statements
of these other witnesses. King and George as to v/hat they heard
him say, confirms the te;:.tlmony of Daymond and Sims.
Coming nov; to the testimony relating to Arthur '.Villiams,
we find that the witness Todde said that Williams antered the
orderly room, I believe he said just as door D was opened, or
immediately after it was opened.
Now boar in mind this point, if it please the Court j that
is Todde 's testimony. He v/as standing there, watching those
men. 7/as it true or was it untrue? Doesn't Grosham come along
right away and tell us that as he got to the orderly room
along with the MP's that there he finds 7/illiains, right next
to the orderly room; right next to the door where ho v;as stand-
ing . •:
Well, then Williams took the stand. And Williams might <,
have put up a pretty good story of v/hero he was if it hadn't '
been for one thing. He said during the course of his testi-
mony one thing, and that v/as, that Willie Basden claimed he j
had been in the barracks with him the entire evening and if I
had had a little doubt about whether V/illlams v/as dovm there
or not, then that little doubt was completely dispelled and _,
removed when he said that Willie Basden was in the barracks i
that entire evening because Willie was down there in the |
orderl3r room sv/inglng a club - so the testimony shov/s. I
Passing from him to Wallace Wooden, and we find Ellis saw .^j
Wallace Wooden with a club in his hand. Said the MP's had 1
shined a flashlight in his face and that is how they detected ]
'Wooden. That was the time that Sergeant Callahan v;as having J
some of the boys rounded up around 700. All right. Todde
saw .Vooden in the orderly room. Let's see v/hat some of the
other witnesses say. An Italian sav/ him with a club. Gresham
comes along and sees him there and King said he was the one that
called to him and said that he ought to come out, he had no
1726
K
right being there. Ho didn't like what King was doing, doing
a humanitarian thing in helping some of these Italian boys
in getting them to the hospital. He didn't like it and told
him he had no business doing that.
Now did Ellis and Todde and Greshara know what they were
talking about? -.Veil, and then Pinloicy coraos along and finds
•ji/ooden standing near the entrance of the orderly room. Just
where Grosham put him. Gresham was standing in door E to
keep the boys from coming in. And he said he saw V/ooden
somev/here near the corner of the orderly room and that is tho
point vjhero Grosham would have seen Wallace V/ooden too, because
that is where he was standing.
That completes the review of those who are charged v/ith
rioting now. I v/ant to hurriedly review some of the testimony
relating to those men who are charged with tho additional
charge, 2. I will take up first the testimony relating to
Luther Larkin.
Because v/e do not like to see questions of do\ibt, any
question or any doubt or room for speculation as to tho
activities of a man who is charged with an offense of this kind
I ara grateful that there v/as ample and convincing testimony
available that tho Prosecution could produce and could bring
before this Court as to those v;ho are accused with this
offense.
You take the testimony as to the accLised Luther Larkin.
Could there rest any doubt in the mind of any man who has
heard all of that testimony, that Larkin was the one who blev/
the whistle to got those boys to go out? To got them out of the
barracks and have them assembled to go to the Italian area
for the purpose of launching this attack.
This does not rest on tho testimony of one of the v/lt-
nesses. Let us sec just what that whistle testimony is and
that is a tremendously serious thing. If Luther Larkin had
not boon so intent on going dovm there and causing an attack
against those Italians, and had not taken the extreme measures
and tho extreme stops that ho did to blo\; those boys out of
the barracks, I doubt that this matter could over have reachod
tho intensity that it did.
I doubt that there would ever have boon an attack of this
nature and of this kind. Biit he was intent upon it. Yes.
Nov/ let' s soe .
Roy Daymond said that Larkin ran upstairs and he heard
him ask for a vrtiistlc. He later heard a whistle blov/n. Jessie
Sims said he heard a whistle ■- or first, that he heard Larkin
ask for a v/histle. He said that later on ho sav\f him with that
whistle J ho heard him say "Let's go." Larkin led that first
group, this first sizeable group, after Jones had gone dovm
there v;ith four or five men, according to Sims. Clarke says
that Larkin led a group of men dovm there. All right.
1727
Greshai-a and King both put Larkln in that orderly room.
Both of them. Gresham and King both put Luther Larkln in that
orderly room. All right. Corporal Cimninsham said that Larkin
ran into the barracks and asked for a whistle and that he
later heard a whistle blov/n.
Addison George says that Larkin came upstairs and asked
for a v/histle.^ That he recognized him by his voice, which is a
high-pitched voice, and he was positive, as the Court will
remember hira saying, that it was the voice of Luther Larkin.
Bear this in mind - bear this in mind. Luther Larkln was
there at the time that the .Villie Iviontgomery episode occurred.
Luther Larkln was one of those who v/8.nted to do something
about that episode. He v/as the one that forged that determina-
tion and malicious feeling in the othery, the same as he
developed it In his ovm heart. He was the one v/ho v;anted to
form this group and get these men together and go down there
for the purpose of getting even with them for having struck
"lllie Montgomery - for having struck him in self-defense.
Let's see what v;as in Lather Larlln's mind. No, Luther
Larkin didn't admit that he blev/ the whistle and led those
men down there. .Ve didn't expect him to admit it because after
all, he is charged with murder. But v;hat did he acinit?
Now he said he heard somebody say, "Somebody ought to
blov/ the boys out," and he said himself on the witness stand
that he had said, "You ain't a lying." "That's the thing to
do." Now let's see. Here is a man who adralts the vi/orkings of
his mind at the moment, that he wanted to do the very thing
we say he did. He admits he v/as thinking about it, and ve
have proved it, and that he did it. "That's the thing to do,"
he said, and admits it In his written statement, and yet he
said he didn't do It. Vtoat caused him to be deterred? He
said "You ain't lying," and "That's the thing to do," So,
what kept him from doing it. There v/asn't anything that kept
him from doing it. Ho did it'.
Now he v/ants this Court to believe he set up a first aid
station over there and as they brought them in he took care of
them. The idea of a man setting up a first aid station after
he had just gotten through saying "Yes, that's the thing to
do." "Let's blow the boys out of the bai-racks." Yes, I submit
that is all ho could have done, all he could have been doing.
Ho admits that in his written statement.
".Veil then, I don't know. His co-accused under i<hls charge
comes in and testifies to something that doesn't look very good
to me. I don't know. Is one trying to unload on the other,
or what is it? I don't know. All I know is what they say.
But Arthur Hurks, you remember, under my questioning? Well
Larkin came up and they asked him how it started, and did he say
"I know how it started,"? Oh no. Larkin said ho didn't know
how it started or came on. So he asked some questions of Larkln
1728
about it. Of course he at'ialtted ho was dovm there far enough
to know where the crov/d was at and that he had carried a man
away, which v;as for his ov/n protection, but In any evunt he
Inquired of Larkln.
He asked Larkln and Larkln said "llan, where were you."
Now take It or leave it; believe It or disbelieve it. I don't
know . I don ' t loiov*^ . But I do know that you have got one
accused saying to the other one, by his ovm testimony, by your
own testimony - ":.:ian, v/here v/ero you?"
vl/ell nov;, whether that was brought In for the purpose of
trying to help himself or v/hethor it Is tostlniony that shows
what the other accused was doing dovm there, or v/hatevor he
was doing, that is something that this Court nay determine.
In any event, v;e know that the testimony as to Larkln' s
activities, as to his leadership, is well established. He is
one vifho shoulders heavily the responsibility for what occurred.
The responsibility for all of the things that came to pass that
evening. Including the hanging of Gugllolmo Ollvotto. His
legal responsibility is fixed. It is Inescapably fixed, and
the testimony, I am very glad, is clear.
Now lot us pass on to /i/illle G Jones. V7ell, his leader-
ship; his leadership on the evening in question is well defined.
.Ye find that at the vory beginning ho is one of those who Is
with Luther Larkln and wo find that ho is one v/ho, after it is
decided that action shall be taken in the form of an invasion
on that Italian area, wo find that ho runs upstairs. Jessie
Sims says that. And ho said, "All right, you boys, come on;
let's go, you boys from Texas; come on, let's go."
V\fell, there are a, few boys from Texas that respond I ar.i
sorry to say, but thoy did. And Willie Jones was rounding
them up, aa^.'o would say down thoro; he was egging them on,
"Come on no\7, you boys; come on." And they did. Thoy followed
him and he didn't lose any time in starting the first movement
into the area. vYith four" or five of these "eggs" he went down
there. And you remember the testimony as to what occurred after
he got dovm there, including the Icnocklng out of that light
in tho front of the barrac^.s.
that. That testimony alono
Remember, there is a very vital
testimony coming from two witnesses which shows who
leaders and who was responsible for what happened down
But it doesn't stop with
doesn't show his leadership.
piece of
were the
there .
His leadership is further demonstrated by the
was in that orderly room just before that door was
He was seen there and then what
that door is chopped do\m? '.Yho
Well that is the man that leads
leads them in there. He Is the
fact that he
busted down.
happens? '.Yliat happens v\rhen
was the first one that enters?
them in; that is the man that
one that enters and that was the
1729
raan who entered, according to the testimony of the Italian
witness Pisciatano, v;ho v/as standlnc there watching them come J
into that orderly room. «
Oh, the fact that he was down there Is of course proven -<
by a n-umber of witnesses. Daymond, Sims, Ellis, Gresham and
the Italian Witness, of course.
Now we brought in a witness, Chapman, who was in the \
stockade with the accused Jones and what did he say to him? ?
Chapman said that Jones admitted having had an axe dovm there. "^
Now that testimony fits In like a glove. It shows the leader- i
ship. It shows you that he was one of those that originated
this entire riot. And bear in mind, from the v/ord "Go", Jones
was with Luther Larkin; they were together when this thing i
first started. i
Ai
>
All right, we will pass now to the discussion of the testi- ]
mony relating to the accused Arthur Ilurks. 4
Law Member: Before you start. Colonel, it is within a
minute of 40 minutes novj.
-I
Trial Judge Advocate: All right, I am sorry. I mn j
running a little longer than I had anticipated. i
Law Member: No, that is all right. I a:.i not attempting
to limit you at all.
President: We will take a five-minute recess, remaining
seated.
Court was recessed for five minutes and proceedings
resvimed as follov/s: !
President; Court vifill come to order. You may proceed. ,
Trial Judge Advocate: Now If it please the Court, passing ]
now to the testimony relating to the accused Arthur Ilurks, I |
want to preface my remarks by stating to the Court that I am ]
fully conscious of the seriousness of the charge lodged against
Arthur liurks, as I am fully aware of the seriousness of the J
charges lodged against the other two accused, and that there j
comes a time in the oresentatlon of the Government's case when i
the Government's attorney also shoulders a heavy responsibility. j
It is not only one that is the Court's. And there comes a :j
time when the GovG'r:ii;ient ' s attorney must also reach a decision ?
as to the evidence to be produced and as to the status of the I
accused. I am saying that because I wouldn't argue to this j
Court along the lines that I intend to in the next few minutes, j
■unless, based on the evidence in this case, I had reached ,;
certain conclusions that I have had impressed on me. -1
1
Now you have the testimony of Jessie Sims, who said that he ^
went down there, and he went dovm there with a group. That the .;
leader of that group said. "Come on men, lot's go." And who v/as
1730
It? It vms the group in v/hlch Jossie Sims v/ent and ho said i
that the loader was Arthur Ilurks. 1
I'lov/ if Jessie Sims had stood off somewhere some distance ]
away, watching; this as a bystander and he had given that testi-
mony, I couldn't give it the credence I can give it novif, when )
Sims said he v/as a member of that group and went with this -i
group that was led dov/n there. ]
One of two things are true. Either Sims went down with 1
that group led by Arthur Hurks, as he said, or Jessie Sims is :!
just a colossal liar. Because Sims said he was in that group ']
and he went dovm there and there is no possible question of who ]
the leader was. He said there was a group of about 20 or 25 i
as I remember.
And Ellis, who has known Hurks long and can't be mistaken j
as to identification of Hurks, said he saw Arthur Hurks as he 1
went through the orderly room with a club in his hand and he
traced his movements for the benefit of "chls Court through that
orderly room. Take your choice. Is vVlllio Ellis lying about ^
that? There Is no chance for mistaken identity. He has known
him too long.
j|
Under the testimony of Hurks himself, they used to play i
football against each other. Tiiey knevj" each other in Houston ^
prior to the time they went into the Army. All right. Nov/ <
let's see. There' isn't a member of this Court that isn't ' ^
going to readily concede that Arthur Hurks is nobody's fool. j
His demeanor on the v/itnoss stand, the manner in which he i
cared for himself, and the meiimer in which he v/ould testify |
and I might say in all fairness to him, the manner in which he i
would circumvent some of the questions asked by me through in-
direct responses Y/as clearly evidence of a rather clever mind. 1
Well, let's see. Lot's fit that situation into what |
happened that night, and let me say, as conscientiously as I ,j
possibly can, that there was never a time - never a time - that ^
the Prosecution felt that Arthur Hurks was dov/n there the en- i
•tire time, and I don't have to ask the Court to accept my state- \
ment, or my v;ord for that. »
i
If this Court will just remember, if this Court will just j
check its notes, you will find that through the testimony of 'i
Sergeant Gresham wo brought out the fact that Arthur Hurks was
standing there and was asked by the LIP's to hold back the crowd •]
v^hon they went dovm into the Italian area. It wasn't anything ?
singular to hoar that testimony v/hen Hurks took the stand, nor j,
was there anything strange v;hen I proved the same thing by
Pinlmey. It is wholly consistent v/ith the Prosecution's
theory of the activities of Hurks.
I vmnt to say to this Court, v;hon you look at the testimony |
of Sims and Ellis and look at the testimony of Hurks, and then \
the testimony of Sergeant Parr, you cannot reach but one conclu- j
sion. Arthur Hurks was down there - but he left in a hurry.
And why did he leave in a hurry? Ho left because Arthur Hurks
Icnow - clever and smart as he is - he knov/ that the devil was
going to break loose in that orderly room.
1731
Yos, whon ho sav/ v/hct was going on in there and when ho
saw that Araorican non-coi.nnissionGd officers v/erc being cut, yes,
- oh yes, I don't doubt but what there ran through his mind
v\fhat he told you about in another connection, that ho knew
what trouble meant botv/oen negroes and v/hites, because he came
from the South.
3 the time Arthur Hurks do sorted his men ho had led
Ho left then staying there and he v/cnt to other
Ho wanted to be at a point of safety,
there in that orderly room when the
in there v;ith
uO ,
That w
down there .
parts - fast. And v/hy? Ho wanted to
Ho didn't want to be down there in th
MP's arrived, no, he didii't want to be found
these men that were, bleeding and cut c.s they v/ere . llo, not
v/ith tv;o v/hite Aaierican non-conmissionod officers having been
made the object of an attack, llo I It was ti:;ic to leave I
Wliy, I don't doubt the testinony for a minute that he
went toward the vicinity of building 719 before the HP's ar-
rived, iiifhy of course, that is the place to go. That is away
from this business of thv., Italian area - and after all that
v/as his business. That v/as the place to go.
Nov/ v;hat credit - what credit is he
plying v;ith the request of the MP's that
back? The stubborn fact reinallns that he
group of men behind th^ i.iP's, clear over
marked it, over hero about half way dovm
Lav>/ton Road.
to be given for con-
he hold those boys
was walking with this
to hero, v;here Pinknoy
the mess hall on
This man that wasn't very much interested, as he said^,
and was standing in the doorvi/ay and was
carry on down in the Italian area. But
he started dov^n there, according to his
right by the side of the MP's, and that _-
it was then, Pinl-Diey turned around and requested the Sergeant
letting somebody else
it v/as strange that
testimony, and was
he turned around and -
to hold the crov/d back. Vfliat
else could he do but hold the
there in the Italian area
Vifould have been very
by holding the men bad-
eager
credit does he deserve; what
crowd back. And if he was dov/n
as the testimony shows, then he
to put himself in the spotlight
don't overlook that.
He is capable or t'.iat type of thinking. I want to be
very fair to him, but I can't escape the conclusion that here
is a soldier who has got a very good head on him. A very good
head.
And under thir: testimony, if you fit it together and if
you put it together a.id fit into it the testimony that Parr
gave yesterday, I have no doubt but what Hurks was down there
in that Italian area, as Sims and Clarke and Ellis said he was.
Now taking the bull by the horns; v;as he the man that led
Parr out of there? One thing we don't know - or v;e do Icnow,
and that is, there wasn't any svi/itch in escorts. And we do know
that if he know as much about that man having been taken away
from there as he claLied he did from the witness stand, he was
1732
either one of two things; either he vms the man that walked
along or was the original escort of Farr. One of the two,
and either one is bad enough.
I personally - well, I'm not going to say that. The
Court can reach its own conclusions as to v/hether he v/as that
man or he v^rasn't that man.
But I say at the conclusion, it is inescapable that he j
was down there and that he was leaving about that time. He '
may not have even walked along there - we don't know that; but |
that ho was leaving that area about that time, because it was j
time to leave - I don't doubt for one moment. }
i
i
I don't doubt it for a moment.
The evidence, the circumstances, the physical facts, if
it please the Court, arc too plain to leave any room for doubt
Now you take that testimony, all of that testimony, and
I mean taking his testimony and fitting it into the picture. ■
Just fit it into the picture. And I cannot for the life of |
me see how you can fall to get a pattern that shows that he was J
down there, that shows his leadership Initially, but a quick J
determination to get away from there before things got too hot, |
Bear in mind - bear in mind that under the testimony of
Sims and under the testimony of Ellis he had ample opportunity
to be there for ten minutes. I will say for the very briefest,
for ton minutes - to be around that orderly room. Another
reason why I feel he did leave in a pretty big hurry after he 1
saw what happened, was because there was only two identifying 'j
witnesses. But how positive they were about him being right J
there . ?
Had he remained and been doYm there as long as some of ^ ^
those other men, there would no doubt have been other identi- .;3
fying witnesses. All right, I submit that the proof on that ^
is convincing and particularly do I ask the Court to give close '-^
consideration to his ov/n story and his own claims and also then .^
the testimony of Sergeant Parr, coming on the heels of that. ,j
Sergeant Parr had given much of that same testimony, if i
it please the Court, prior- to the time he was recalled. He ^
gave a good part of that t.:stlmony when he testified initially
in this case. ^
Well there remains but one thing for mo to discuss v/ith i
the Court. Was Olivet to hanged, or did he in some sinister *
and mysterious mannur obtain a rope and run out there and ^
string himself iin? Conmit suicide?
Well, the Defense made an abortive attempt to show that J
there might have been some suicide tendency, but I don't think |
there is any doubt in anyone's mind; I don't see how anyone
can doubt but what that atte?-ipt to show suicide fizzled.
1733
and I say to this Court, that when even a psychiatrist - with j
the propensity that psychiatrists arc knov/n to have for finding |
something v;rons with a man's mind - that oven v;ith a psychi- f:
atrist exaiuinlng him - and I am not being critical, they are |
doing a very fine work in this War; but I still Insist, that ■}
when even a psychiatrist couldn't find anything v;rong v;ith |
Olivet to, than that psychiatrist did or could, then ho must j
have had an unusually strong mentality. ]
I just hope he couldn't find anything more vrrong v\fith ■
me than he did v/ith Olivotto after examining me.
Now say v/hat you will about that matter, Olivotto was ^
resting in his bed on this fateful night; a peaceful human;
contented,- when this reign of terror begins. 'JVhy, I don't
doubt for a moraent that he had fear of negroes or French .|
Moroccans or v/hatover you want to call them. ?/ho is going to
a
say today that his fears were not justified? j
I don't doubt it for a moment. He wouldn't have jumped j
from those barracks if ho hadn't had that fear; if he hadn't
been terror-stricken he woxild never have jurapod. And I
don't doubt but what after he jvmiped and found himself in the J
clutches of these negro soldiers - I don't doubt for a moment ^
but what ho was virtually helpless. .|
I
There wasn't anything he could do and under the possibil- }
ities that the psychiatrist described, the reactions of a J
man that night to a situation as confronted him - I do not I
doubt for a moment but what he was just helpless in their ;;
hands. Putty for them, to do V7ith him whatever thoy v/anted to ,■:
do .
The physical facts as to v/hat the situation was v/hen they |
foiond this body is very, very strong. Very strong. It nega- 1|
tives the suicide theory any \;ay you look at it. Not a single ,^
footprint; not a single footiDrint; and the man was barefooted
and his legs v/ere covered with dirt as though his legs had
dragged* There v;ere abrasions on his logs. I
And v/hat do v;e find there? A shoo print; tv/o shoe prints.
As though a man v/ere holding up someone that v/as being raised
on that cable. We do find tv;o shoe prints and they were fairly
distinct, and the reason thc^r were v;as because there was pres-
sure on those shoe prints.
You might remember, I.Iajor Orem's testimony on that; he said j
there wasn't a single bare footprint anyv;horo. Not a single jj
one. And another thing, the vertebrae are easily broken, usually
when a man is dropped or juiaps when he is hung, as the Court
knov\fs from common experience; that so frequently happens when i
a man jumps. But there was nothing thoro on v\rhich he could have I
stood, or have kicked off a box from under him; no box or nothing
like that apparently. That didn't happen to Olivotto; no.
Why I say to this Court, even if the proof of circumstances
wore not so strong, shov/ing he was in the hands of those negro
soldiers, I would say even if it ¥i?as not so strong, I would say
still that every physical fact negatived completely the suicide
1734
you,
I do appreciate the attention the Court has a^ven. Thank
President. Tlie Court v>?ill recess until 1;15.
Court recessed at 11:50 a.m., and reconvened at 1.15
December 16^ 1944, and proceedings rssuj.ied as follov/s;
thoory. There are other facts that could be pointed out too. 5
r^ Sot trying to cover all of then, but let rao call your j
attention to just one thine;. .1
Thero is no doubt but v/hat they had a hold of Olivotto; i
that rauch v;o know from several witnesses, v/as it their tocn-
niquefwas that their approach that night, to get hold of some-
one aAd then turn him loose -without doing something to him?
SS?e they just playing tag or playing f^^^^ ^hat ni^t? iere
they just grabbing hold of someone, taking them oif a little
piece and then turning them loose? -as that what they were 1
doing? Oh no; no. j
Boar in mind now Olivotto had not boon knifed and he had j
not boon clubbed. .Vhat other Italian did they got close to ^
that night that thoy didn't do something to, either club^him .
or knife him or throw him over the embanlaiont ? But notning oi ^
that nature appeared on Olivotto. Hothlng. i
Wow that just simply means this: You know they had a hold ,?
of him and you Icnow they did something with him and if they j
didn't knife him and if they didn't club him, what dia they ^
do with hijji? i
I
Well I'll say I don't believe there is a member of this j
Court that would believe that they had hold of him and then «
voluntarily turned him loose. Well, there just isn't much need i
for soendlng a lot of time on it because actually, I don't see -j
how tiiere could possibly bo any question under all of the facts *
and circuiastances that Olivotto was ruthlessly murdered on the •.
night in qLiestion. 1
I • want to say to the Court that I appreciate very much j
the Indulgence that has been shown to me. I did not intend to^ |
argue this case in my opening statement as I have in such detail |
and length, but I have done so and have gone into detail as I i
went alon- principally for the purpose of developing all of ^ j
the facts'fully in order to give Defense counsel an opportuni- •
ty to answer fully if he desires. I did not want to hold back ]
any of the facts and use then in my closing argument, when he j
would not have an o-oportunity to answer them, and for that :|
reason I have developed thou rather fully and given more time
to doing that than I had intended originally. 1
1735 I
The Court met, pursuant to adjourmnent for noon recess^
at 1 :15 p.m. ' ":'-' ^ y.
President: Is th© Prosecution ready to proceed? ,j
Trial Judge Advocate: Prosecution is ready, sir. |
President: Defense ready to proceed?
Defense: Defense is ready, air.
President; Court will come to o.i''der. '
The roll of the accused was called by the Assistant Trial j
Judge Advocate and all were present, v/ith the exception of the 1
accused Roy L. "..lontgOinery.
Trial Judge Advocate. ITie record may shov; that each of i
the accused is present, otho?o than the accused Roy Montgoraery, j
that all members of the Court are present and that the personnel 1
for the accused and personnel of the prosecution are also present. \
Law Member: It may appear in the record that in the event
the suimaations are not printed in full that Colonel Jaworski
complied with the instructions of the Court and did not in any
way, shape or form mention the name of the accused^ Roy L.
Montgomery .
Defense: Yes, that is correct up to this point.
President: Tiie case rests with you, Major.
Defense: May it please the Court and covinsel, this has
been a Ion,;: and tedious case. I knov; the Court is tired and
I am also. And I am not going to vmduly prolong it if I can
help. Like counsel, however, I do v/ant to thank the Court for
its courtesies; for its interest; and for its patience; for its
conscientious endeavor throughout to give these men the kind
of a fair and i;;ipartial trial to which they are entitled.
I say in all siucorit-' and all candor that had I been
permitted to pick this Court myself, I could not have done a
better job. I also v;ant to thank counsel for his courtesy and
for his fairness, for his coo;>oration and the very fine com-
plimeiit he paid to mo this morning. Coming from such a
brilliant and capable lavifycr as he is I consider it a high
tribute,
Nov; as counsel says, the happenin;;; on this evening was a
tragic affair. It is a serious affair. And for that reason -
if for no other reason alone - this Court should be most care-
ful. It should examine the evidence v;ith the greatest of
caution - that thoy don't punish or brand an innocent man as
a participator in this fracas.
I think personally that the lowest form of individual who
exists is an individual who will try to save himself at the
173 G -^
■\
expense of others. If I were formulating, or devising a scale \
of human degrodation;, I think without any question that I
v/ould place the type of individual who attempts to save him-
self at the expense of others, at the bottom - at the very i
bottom of that scale. There is no type of an Indlvidvial who,
in my opinion, is more vile or degraded, and I refer of course
to Roy Daymond, Alvin Clarke, Willie Ellis, Jessie Sims, and
Thomas Battle. «
That fact alone, and without anything more, should cause i
this Court to view their testimony with the greatest suspicion.
I can't analyze a mind of that kind and I am not goint to try
it. I don't knovtf what they were attempting to do. They
didn't tell a constant story. There were changes in it. There
v^ere men that \7ore implicated and brought back to be charged
and then their stories changed. That is quite some time ago
now. ^
1 expect that the first time they tried to save their
skins they implicated whomsoever first came to mind. They ^
were not learned individuals. They just gave the names of 1
some of the first ones tiiey could think of and then after the i
investigators kept pressing and pressing and pressing them - ^
v/ell, I think there is enough evidence in this courtroom to 'i
indicate that the iiivestigators did do a little urging. J
Then the fact began to dawn on these men that the best -I
men to implicate v^rore those men v/ho had gone overseas, and "j
there is a good reason for that. They didn't think at that 1
time, if the Court please, that they v;ould ever have to face |
those men. They didn't think those men that had been sent i^
overseas would ever be returned back here. Yoxi just go over )
your notes and you will find, with fov/ exceptions, a very few j
exceptions, that the majority of the men implicated were men 1
implicatod by those five men I have named here, and v/ere all .'<
men that had boon sent overseas. I
:j
Now lot us revlevj their testimony in a little more detail. |
Let us take Roy Daymond first. Roy Daymond v\ras one of those I
individuals who came in hero and swore and testified under oath |
ho had never talked to anyone about the testimony he was to give. ^
Never talked to anyone. jj
Vifhy, the Court kno.vs and I know that he talked v/ith coun-
sel; that he talked with other investigating officers, and (
counsel would bo v.iost dorjlict in his duty if he didn't talk j
with a witness before ho put hijn on th ^ witness stand. Is that j
the typo of candor; is that the type of testimony that rings j
true and rings clear? ^
A
Well, let's look a little further here and see what Roy
Dayraond said. The closest he said that he ever got to that
orderly room was fifteen paces away - fifteen paces - forty-five
feet. That's a lot longer than this room here and the Court
saw the conditions that existed down there that night. It v/as .,
dark. And I defy anyone to identify anyone accurately, outside i
there that night at that distance.
1737
And another factor. If tho Court is going to bollovo his
ovidencG you have got to -cake it all and not just a part of it.
He said when ho caiao down there the MP's wore already there and
he saw Sergeant Greshara in the orderly room. We know, of course
that Greshan - of course - didn't go down there ■until the
MP ' s went down . ■ ■
Even if you do give any credence to his testimony, tho
only man he may have seen ho saw at a time when the fight
was over and the MP's were there.
But best of all, and I think this clearly illustrates
the type of an individual Roy Daymond is, is the testimony that
he gave to mo v/hcn I examined hir.i before trial in Major Man-
chester' s office, and after some quibbling ho finally admitted
that he had said -- well I want to read that to this Court
and I want the Court to follow it closely. The first question
I asked him that I reviewed v;ith him on tho witness stand,
referring back to tho incident involvin';: ""lllio Montgomery,
I asked him:
"Q Then what Happened?
A So 'NG came and picked up Montgomery and laid him on
the street. Luther Larkin get to fooling his pulse
to sec if anythin,^; was wrong, so he finally said
there's nothing, just got hit and knocked out cold.
Ho had been drinking, you could smell on his breath.
Ttiore was a party at the mess hall but I didn't know
anything about it. x^^inally some of the boys
gathered around him. You know hov/ a crowd is. '.Vho-
ovor was in charge of the quarters called an ambul-
ance.
},
Q, Who was on CQ? |
A I don't knov/. The ambulsinco came and picked up
Montgomery and took him to the hospital and finally
it was all over and I came on into the barracks."
Mind you, he came on into the barracks.
"A (Continuing) Larkin went on upstairs and Montgomery
v/ent to tho Hospital* I just got into tho bed without
undressing, Waon the First Sergeant came and said the
Major would bo by.
Q, Was that Sergeant Ore sham?
A Yes sir. Ho said the Major ?.'..=! coming by,
Q Hov/ soon after Sergeant Gresha-.i said that did the
Major come?
A I couldn't tell you.
Q Was it riglit away or five or ton minutes?
A I don't iaiow for sure.
Q You lay on your bod all the time until the Major came?
A Yes sir.
1738
Q, V/as it thG ProvoLt Marshal?
A I don't know. The- Major wont to look at Montgoraory,
who had boen brought back and asked ''Are you hurt
bad" and then the Major left,
'i
Q You never v/ont out of your barracks? ]
A No sir,
Q Lot no ask you this. You wont Into yoxir barracks and
got on your bed?
A I did. . I
Q And Larkln went on upstairs?
A Yos sir.
Q, Did h6 go to bod or do you knov/? ..
A I don ' t knov; . |
Q You don't know what ho did? '}
A Ko sir . "
All right. Thoro wasn't any question about it, Roy
Daymond v\fas trying to convince me at that tliao that after tho
Montgonory incident he v/cnt into the barracks and didn't come
out. vVhy did ho want to lie to mo? I don't know. I can't ;<
ansv/or that question. I v;ish I could.
ii
It is just easier for R-t/ -Dapnond and people like Roy
Daymond to toll a falsehood than it is to tell the truth.
Then, there is Vi/illie Ellis. Counsel says that he is ab- i
solutoly honest and truthful as a v/ltness. But ho hadn't ,j
talked to anybody about this caso either and I wouldn't say that j
is important, but why should a man lie; why should he lie about
it? If he is lying about one thing why assume that is the only
thing ho lied about and that ho told the truth about everything 3
else? Ho is not entitled to that kind of a prosuiaption, ^
)
Now there are two isolated instances in the testimony that ]
1 want the court to road and the Court's notes v;ill probably I
show it. Willie Ellis ad, dttod to me that he had boon drinking. j
He had been drinking with i..i:.rgeant Voodor that evening and I
suspect if the truth wore known that V«'illio Ellis was pretty
drunk. The Court will recall In the testimony, I think it is
Corporal King, I am not curu, that I brought it out of tho man
that Willie Ellis was drinking, that ho v/as driink. And King j
usGd Sergoant Voodor' s field jackot to go down there to the j
area itself. He got some blood on it and never told Sergeant ]
Voodor about it and got him implicated In this case, i
Now another thing I think is important as far as Willie ?
Ellis is concerned, ho said that he just wont down thoro in |
the Italian area to look around. Ho didn't intend to go there
to do damage or to hurt anyone. Is that a true statement?
Counsel vouches for his voracity. But yot, at tho sai.no time,
coTonscl don't believe what ho says and I know ho don't believe
it, because ho introduced in this Court a letter granting Willie
1739
Ellis an immunity, if Willie Ellis v^ent down there for no other
purpose than to observe v/hat v;as going on, as a spectator, if
you please. There wasn't the slightest need in the world to
introduce or even ask for the General to afford him a letter of
Immunity. :,
There is one thing that occurs to me, about Willie Ellis,
that ;'hows you just exactly hov/ accurate his recollection is.
'i/Ve have got to test the accuracy of a witness' recollection or
we don't Icnov/ how much credence to give his testimony, or we
can't be able to believe him - and which I don't think is justi-
fied in his case.
If a raan is lying about one thing I think his testimony
should be very seriously disco\inted, imless it is strongly
corroborated by a nuraber of other witnesses whom the Court
has no reason for doubting their veracity.
But here is one thing I asked Willie Ellis about, the
stick that he said that Nathaniel Spencer had. And he identi-
fied one of these green tv/o by six pl^ iks over here, scantlings
I think they have been referred to, a.", the type of a stick
Nathaniel Green had. If the Cotirt please, I ai^i wrong about
that. Counsel brought that out on cross-exaraination, that that
was the kind of stick Nathaniel Spencer had. Well, on cross-
examination he forgot all about this. Don't recall.
Then v>?e had it measured and identified. He told me that
the type of stick Nathaniel Spencer had was one of those cigarette
can holder parts and v;e measured it over here, one of these
one and a half by one and a half inch affairs, and he told
covmsel that this green stick was about three feet long and
the Court can tell that the one he Identified with me was five
feet long anyhow. The white one. Well, that is a small thing.
That is a small thing, but nevertheless if that man v/as there
and knows what was going on, if his recollection of Incidents
as they occurred are v^orthvvhile, or v/orthy of any credence by
this Court, why should he testify on direct examination the
type of stick he saw one man have was a two by six and its
color was green and then on cross-examination it was a one and
a half by one and a half white stick.
Well then, Alvin Clarke, he hadn't talked to a single in-
dividual about this case olther. Nov; that is a circuiastance
in itself that don't amount to very much. But if a man lies
about a little thing of that kind will he toll the truth about
the big things? About the important points? There is no se-
cret about talking v/ith someone before you go on the ^/itness
stand about the testimony. There is no reason to disguise it.
But for some reason, -unknov/n to me, I cnii't understand their
mental processes - and I ai.i not going to try to - but he pre-
ferred, as the others did, to lie about that thing.
And another thing that is remarkable about Alvin Clarke.
Please allow me to go into this in a little more in detail
a little later on when I discuss the testixaony with reference
to some of the accused.. 73ut it was a singular thing about the
1740
Et...
men whon he id entlfied. On cross-Gxanlnation he could not
place a single one. Look at the Court's notes. On cross-
examination he could not tell v/here a single man v/as he at-
tempted to identify.
Then there is Jessie Sims. Yes, Jessie v;as another one.
He hadn't talked with a single soul about his testimony in this
case and I think that night that Jessie Sims was just a dis-
gruntled ga^ibler.
Now those little things to us, losing a few dollars at
cards or dice, don't mean very much to us; but v/ho knows. That
may have been a big thing with him. I don't know whether ho
thought he had been trimined out of it or v/hat had happened.
But I am satisfied that ho did lose that evening. And another
thing, Jessie Sims is the. man who refused before trial to talk
v/ith mo about this case. He refused to say a word about it.
Is that the attitude of a man who has nothing to hide? Of a
man v/ho is willing to tell the truth and of a man who Is tell-
ing the truth and particularly, when people of his o\m race
and color were involved,
I say, it is not. And I think the Court can't help but
agree with me.
Vifell what did Jessie Sims say he wont dovm there for? No,
he didn't go down there to hurt anybody. He took a club along
when he went dovm to defend himself. Is that credible? Is
that worthy of belief? aTaat Jessie Sims went down there v/ith
a club to defend himself?
And another thing abotit Jessie Sims you want to take into
consideration. Ho couldn't specify how a single man he identi-
fied that night was dressed. He identified some as having
clubs but ho couldn't describe the size, shape or color of a
single club.
xlow I can understand, if the Court please, how a witness
could not remember how everyone v/as dressed on a particular
evening or v^hat attire or things a person might have boon
wearing. But a man v/ho has got the mental capacity and remem-
bers the number of Individuals that Josaie Sims claims that ho
saw in this case, if ho is telling tho truth, certainly has the
mental capacity to romoiabcr how a few v/oro dressed. But no,
Jessie wasn't attempting to tell all of tho truth. And ho was
just cagey enough that he wasn't going to say.
And then there is the remaining member, Thomas Battle,
I am not even going to take this Court's time to say anything
about Thomas Battle. If ever a man so clearly demonstrated
that he was nothing but a prevaricator and perjurer, I think
that man did, and I am not going to take another single moment
of this Court's time discussing Thomas Battle.
But I do want the Coiirt to review tho testimony of all of
those men as you have it in your notes, v/ith the greatest of
care. You have all sworn to well and truly try this case
1741
according to the lav; and the evidonco, and I want tlio Court to
romenber at all tii.ies that the so mon are prosumcd innocent and
they are innocent until they are proven guilty beyond a
reasonable doubt. They arc not required to prove their inno-
cence, if the Court please.
And there isn't any question but that a conviction based
on the uncorroborated testlinony of any of the men that I have
nained who are - if I may use the term, if the Court please, -
nothing but stool pigeons; and any conviction based vxpon the
uncorroborated testiiiiony of those men would bo a terrific
miscarriage of justice.
Nov; I v;ant also, if the Court plca,se, at this time to dis-
cuss some witnesses for the Prosecution whoso voracity I don't
question in the least; not in the slightest degree. Men v/hom
I feel beyond all question wore attempting to tell the truth
and tell the truth as thoy sav/ it.
Well, I refer to Sergeant Parr, Corporal Haskell and the
Italian Sergeant Major Todde. I don't want the Court to under-
stand, however, that I accept their tostimony at face value.
Because that is not the case. The frailties of human nature
are such that I believe, and I think I can demonstrate to you
and I am going to tr^- to do so - that those mon arc mistaken.
I aiii going to ask the Court to recall Sergeant Parr testi-
fied that he saw Roy Montgomery in doorv;ay C. If the Court v/ants
to look at your notes on that, I see some of you are looking at
your notes. I will wait a minute until you find it.
Nov/ remember, if the Court ploase, that happened in a
brightly illuminated room. Tv/o lights of 200 watts each, 400
watts of light in a small room,
I asked Sergeant Parr v/ho that man was, he said it was
Montgomery. I asked him if he had a conversation with Montgom-
ery " yo"^ remember that, and I v;ill read you the testimony here
in a moment,- and he said "No sir." He didn't have a conver-
sation with Montgomery o Ho romembered that he had no conversa-
tion with Montgomery.
Now Corporal Haskell also testlflod that he saw a mulatto
or a light colored soldier standing at the same place. I asked
Corporal Haskell v/ho that man was and ho said it was Montgomery.
I asked Corporal Haskoll, did Sergeant Parr have any conversa-
tion with Montgomery, and he said, "Yes sir, he did have a con-
versation, with Montgomery."
And then I said, "Did you have aixy ccnvorsation with Mont-
gomery," and he said "Yes sir." He had a conversation. All
right. That is in that same brightly illw.iinated room. At
that time there v/as no action, at least in the vicinity of that
door, and here v;as Montgomery standing absolutely still. All of
his physical movements and his physical contour, physical char-
acteristics were visible to those men. It is the best test I
knov; of of how reliable their recollection is.
1742
Sergeant Toddo said that ho sav/ ScrgGant Parr and Corporal
Haskell having a conversation with a nulatto soldier and I
asked Toddc if that nan v/as Montgouory and ho said "No sir."
Nov/ all of those men can't he right; souo of then have got
to be virrong, I don't think there is any question but v/hat that
uan v/as i.Iontgonory . Hontgoncry in his unsv;orn stateuont admits
that it v/as.
Now if Sergeant Toddo and Corporal Haskell are right,
Todde has got to be v/rong. If Toddo is right, Sergeant Parr
and Corporal Haskell nwst be v;rong. Th^re is no other alter-
native; as to the conversation they can't all be right. Either
Sergeant Parr is right and Cori>oral Haskell is v/rong and Toddo
is v/rong or Todde and Haskell are. right and Sergeant Parr is
v/rong. And don't take ny raemory for it. I v/ill read you
here the notes of v/hat tho testl.iony v;as. Now this is on
direct cxa;anation of Sergeant Parr. I don't have the conploto
oxanination; just an extract.
"Q, Sergeant Parr, the first one again?
A Tills one here (Pointing to one of the accused)
Lav/ Llonbor: Stand up and give us your nar.ic,
('flie individxial indicated by the v/itness then arose
and announced his nar.ie j Private 1st Class Pioy L.
i.Iontgo:aery . )
Q, '.Vill you tell us ahat you sav/ this raan do?
A This man v/as standing at Door Ej I bolievo, in the
side entrance there to I'oor.a Z.
Q Door E, did you say. Sergeant?
A Yes sir.
Q This side door v;as it?
A No sir, door B.
Q Door B?
A Yes sir." ' '
Nov/ on cross-GxaainaLion I asked Sergeant i^arr;
"Q, Nov; do ym roea'l having sone conversation v/ith hiu?
A- No sir, I don't I'c-call no ci_nvcrsation.
Q Did Corporal Haskell have a c ^nversation v/ith hin?
A I don't Icnov/, sir."
Now here is the testinony of Corporal Haskoll on diroct
oxanination, pertaining to Ilontgoner^'.
''■'I Did you have any convorsatiovi with him?
A Yes sir, he v/as the nan I told that wo v/cre Ar.iorican
soldiers.
Q Did he give you any reply?
1743
A Yos sir, ho said '/o don't v/ant you.
Q Die?, ho tell you who ho did v/ant?
A No sir."
Now on cross-oxQJilnatlon:
Q How, Corporal, the raan that you idcntlflod as Mont-
goi.icry you sav/ standing in doorway B?
A Tiiat is correct, sir.
Q, And you had soac convorsation v;ith hij.i at that tino?
A Yog sir.
Q Did you havo any conversation with any other of tho
colored soldiers that vA;ro there that evening?
A llo sir .
Q i'lontgoi.icry was tho only raan that you had any conver-
sation with?
A Yos sir.
Q V/as Sergeant ^arr present at the tiuo you had that
conversation?
A YoS sir.
Q, Did he participate in tho conversation?
A Yos sir.
Q, To your knowledge did Sergeant Parr have any conversa-
tions with any of the other colored soldiers that even-
ing?
A Hot to --iiy knowledge,
Q And you feel qviite positive the i.ian you talked to at
that tine in doorway B was llontgoiaery?
A Absolutely."
Now here is the teotiuony of Sergeant Toddo on cross-oxaxi-
ination.
"Q, Handing you Pi-oeuoution' s E>iiibit 17, Sergeant Toddo,
I v/111 ask you to indicate on the nap where it v/as
that you originally saw the "lan indicated in tho photo-
graph? (Indicating)
A I saw this boy here (Indicating), for trio first tino."
Tho Court v/ill have to look at t.:e Exhibit list to tell
what that photograph is. It is the phonograph of I.Iontgomory
being referred to,
"Q, All right. Let's nark that T-1. Did you ever see tho
nan indicated in Prosecution's Exhibit 17 again at a
later tine?
A Yes sir.
Q ':Vhore?
1744
A .First he wont this way (Indicating), and then ho cano
back.
Q Walt a uinuto* First ho vifont fron the point T-1
towards tho door E."
And the Court will ror.ionbor Sergeant Toddo said ho saw
Montgoiucry out here and ho know Montgoraory and had him walking
hotwocn T-1 and T-2, and he saw him out of this window to
roou Z.
"Q, And then he cane back towards tho point T-1 again?
A And then ho walked back and forth in front of tho
windov/ a couple tii.ios.
Q, In front of the window to rooiu Z?
A And then he procoodod to a point near door E.
Q We will nark that T-2 on Prooocutlon' s E^diibit 3.
A I saw the r.ian you mention from here (Indicating);
ho remained still hero (Indicating).
Q You saw the man who loft from T-1 remain still at tho
point marked T-2. Now where wore you at tho time you
saw tho man at tho point marked T-2?
A I was always inside this window, window of room Z.
Q All right; lot's .nark that T-3. Now after you sav; the
maji shown in Prosecution's Exiiiblt 17 at the points
markud T-1 and T-2, did you over see him again or at
any other time that night?
. A I sav/ that he returned from hero (Indicating).
Q Don't say "hor^"'. Re turned from T-2.
■^ To' here (.Indicating).
Q To the point T-1.
A Then he v/ent this v/ay (Indicating), and I never saw
him again.
Q lie went from T-1 back past door E and he never saw
him again.
- , Law Hombor; TLu'.t is Montgomor'77 . "
And then a littlo bit more:
"Q Now during tho course of the vveiiing of August 14th
did you have occasion to see Corporal Haskell or Ser-
geant Parr or both of them talking v;ith anybody in
doorway B, as shov/n on Prosecution's Exhibit .3?
A Yes sir.
Q And describe the man tho-t you sav; either Corporal
Haskell, Sergeant Parr, or both of them, talking to
in doorway B?
A Ho -was a mulatto color; about my stature, thin as I am.
He had a khaki s.hlrt; I remember particularly, and it
1745
roi.ialnod iiiprossod v;lth nc, since ho had a ploce of i
cotton In hi 3 oar. 1
i
Q 'Ihat man wan a colored American soldier, v;as ho? I
A Yos Dir. '
Q llov; indicate the place in doorv/ay B or in tho vicinity i
of doorv/ay B that you saw this luulatto? ]
A I saw this mulatto in tho center of door B, a little j
tov/ards tho inside of room X.. |
Q Lot's uark that T-4. Mio was talking with this mulatto? ^
A Sorgoant ?arr v/as speaking with tho mulatto. |
Q V/aa Corporal Haskell also spt..akin;3 to him? \
A Corporal Haskell also said s.^ le ./..rc.s to this mulatto. i
Q All right. Now mark v/here Sorgoant Parr was standing ,
at tho time ho v/as talking with the mulatto? j
A Sergeant Parr was at this point hero, mar>ked B.
Q Lot is mark that T-5." ;i
And T-5, if the Court please, appears riglit hero on Prose- |
cution's Exhibit 3; rl,;ht in doorway B. ^j
"Q Nov; where was CcrToral Ilaskoll standing? i
A Tho other side of the door; whero it sv/ings out. I
q. Lot's mark that T-6." j
And there is the T-G, if tho Court please (Indicating). j
"Q VJherc Vifcro you standing?
A Tho first timw I was hero (Indicating), and then I .,
passed over to this side. i
'\
Q Y/ell let's mark the first time T-7." ^
I
If the Court please, all right around in a nice little >
close group, where ther.-, is no trouble observing; a bright j
light and a brightly illuminated room. '^
"Q '.Veil Haskell ca. .v. towards thv. letter B, as sho?/n on j
Prosecution's S:Jiibit 3, / i
'•• A And the mulatto \;alked over hero (Indicating).
Q And the mulatto 'walked over tov;ards door C, or in the
direction of door G,
A Yos, but he always remained noc.rby; close by.
Q, Well was th:.t x.ian Montgomery as shown in Prosecution's j
Exhibit .17? |
A No sir . " ' . - i
1
Now I belle vo that describes the situation there and shows
what occurred .
1746
J
i
ilov/ I notice I have boon going for 45 mlnutos if the 3
Court plciiso. I think thi^ is a good place for a break.
Prcsidont: Court v;ill tako a fivc-ulnuto roccss. We v/ill
remain scatocL. j
Court Yic.3 pccosoed for five rainutos and proceedings re- 1
suriod as follov/s.
President; Court v;ill cone to order, |
i
Defense: Nov; thu point of all of this, of course, is, if
Sergeant x''arr was ...listakcn about this one occurrence v/hich took
place in that brilliantly lighted rooi,i, ian»t it reasonable to
assui'ie that ho could bo honestly iiistakcn as to other details.
And another thing which uakos no f -.ol quite certain that ]
Parr is nistakon as to a nu.,ibcr of things that occurred, is his ■
description of tho nogro soldiers who were in the orderly room
that night. You recall he described thou with their nostrils
dilated? iillabca ::ioans enlarged; it can't ;:iean anything else.
I ask this Court t ;> try and dilate their own nostrils and \
enlarr.^ th-jii. It can't be done. I laiow Sergeant i^'arr is ]
honest about v/hat he says. But the truth is, gentlcnon, ho jj
was badly frightened that night and had a good right to bo |
frightened and in fright things not only appear distorted but
the i.ieuory is i:.ipairod and it is not reliable.
I think the truth is, and I don't think thcr^ is any ques-
tion about it, that Sergeant Farr that night was in a state of
shock. Another fact which causes i.ie to have sone doubt on the
reliability of both the laoraory of Sergeant ?arr and Corporal »
Ilaskcll is their estimate of the length of the encounter. Nov; |
you recall both of thou placed the tiue as froi:i fron 30 to 35 I
iiiinutes before the MP's arrived fron the tiue that thoy were j
called. Both say that the call for the HP's was nadc at 11 :■ 25 1
and that 30 to 35 iiinutes lator the HP's arrived. |
Thoy v/ore, of course, excited, and that period of tine, j
whatever it was, probably soenod like ages - an eternity. But i
v/hat is the real f,.,.et on Lho length of that encotintcr? i
1
Sergeant Callahan, i-ho LIP Sergeant, said that call cane ^
in at 11; 25. Tliey agree o:.i that. And he dispatched Sergeant
Jones. Sergeant .Tones said ho was d.om\ there in about eight
uinutcs, but not to oxceod ton ninutos.
I
Now wo don't have to rely on Sergeant Callahan and Sergeant
Jones as to tho length of that encounter . I an satisfied that
the truth for that is substantiated by the tcstii.iony of the
nan fron the hospital receiving office .»'hen he said it was 11:15
when t.'illio JontgC'nory was adi;iitted to the hospital. That is
about right, 'lliat is about the time it happened; six or seven
minutes lat^r they received a call for an ambulance and that is
about right. That is \;hcn they called for Snow. And at 11:30
1747
Snow was acb:iltt.d end tlion i ivo r.iinutcs Ictor, ait.r Snow was
cdiiittod, they rGccivod a call for six or seven anbulancos and
dispatched all they had; I think ho said they sont four.
And Snow was ad::iittod about ten or fifteen ulnutos later,
I think about 11:35. That checks very clos..ly with the MF s
and the testiuony of the hospital.
And of course the Court will rcr.iciabcr the anbulancos were
not called for until the tine the HP's arrived scfron the tmo
they callod the i.iP's that encounter only actually lasted a
period of about t^n ninut.:s.
How I want to oay a few nore words about Todde. The Court
noticed that Serceant Farr, Ser-eant .^erata and Corporal I^askell
who t.. stifled here, they were bright, intellicent ana educated
Youns uen. They are way above the average in mtellisence.
i don't think there is any question about that, i^et between the
three of then they only attei.ipt to identify four nen. Sergeant
Perata didn't identify any of those and besides Todde, the Pro-
secution called 17 Italian witnesses v;ho collectively only
attenpted to identify four ..len. And other than Todae, not a
sinple Italian attenpted to identify nore than one nan ana the
Court will renenber that several of these Italians had had a
nmiber of years' e^qoerience in Africa dealing with colored
soldiers or colored individuals.
I want the Court also to renenber that there wasn't a
single L-IP, who are trained and \7h0se duty it is to look for that
sort of situation - they couldn't identify a single individual.
Nevertheless, the Italian Todde clains to have recognized 12 to
14 -len - I have forgotten just the exact nuiiiber. But I wonder
lust how accurate his testinony is and just how nuch reliance
can be placed upon it. Let's go back to that orderly roon
again for the nonent.
Here is Montgonery there, standing there for sone tine
by door B, and I don't thinlc there is the slightest doubt but
what that v/as ilontgonery. And he is not exactly a typical ne-
gro because he is light in color and he is easy to recognize.
And we have got an -uirasual situation with respect to ilontgonery
in there that evening with all the running aroinid and all that
took place in there, whereas Llontgonei-y was standing coiapara-
tive]-/ still. He ro:.iaiuod there fixed In the vision of Sergeant
Todde" in a brilliantly lighted roon. And there is sonething
else that is unusual there, because he was having a conversa-
tion with both Sergeant x^'arr and Corporal Haskell.
Parr said it was Llontgonery and Haskell said it \uas Mont-
gonery. ilontgonery said it was he. And what does Todde say?
"No," it \?asn't Tiontgonery. That was the best test that I can
think of to test the reliability of his testinony. I think
there is only one conclusion that can be drawn fron it. That
if he nade ni stakes as to that situation he undoubtedly nade
nany nore ni stakes as to other situations.
1748
1
.1
1
- 1
And I can tell you about one noro. He selected Leslie -^
Stewart here in Court as the nan he Identified that night, but ,1
he did adiiiit on croas-exanination that he had never Identified ^
hin before. That was the first tine that he had ever identified ;
Leslie Stewart. But I showed hin a picture of Leslie, and that _j
picture Is in evidence, v;hen I exanined hin do\m at Lit. Rainier <
and he said, "No," he had never seen that nan before. |
Now there are two things, gentlcnenj tv/o things that
occurred on that evening, which wo know Todde was wrong about. ■■
And I don't believe the nan was intentionally falsifying; 1 }
an satisfied he was not. But the hxman recollection is a 1
funny thing. The frailties of it I can't attenpt to explain. }
I think he really, honestly believes v/hat he said. But if he •
was nistaken twice, ho could just as easily be nistaken nany ^
nore tines . ■ ■ ' -' -1
llov about li'errante. He v/as the witness v/hose vision the j
Court will recall was obstriicted by blood and who didn't have %
his glasses on at the tine. There is sonething singular about -j
his tostinony. He is the nan who v/as lying on the floor on J
his back in rooi.i Z. ^
■ 'i
How when I first questioned x^erranto and I want the Court '|
to ronenber this - here is ?iis initials (Indicating to Map); j
and I had hin put an arrow in the direction his head v/as. He ^
was laying on his back wit?i his head in the direction of the J
arrov;, this way, towards the door.
li
Now of course it would bo very diffic^ilt for hin to iden- -j
tify anyone in the door laying on his back in this direction. >
Counsel realized that and cane to his rescue and on redirect ^
cxanination he reversed hli.iself and put his head around the .^
other way. I.Iaybe he v/as. I don't knov;. But v/hen a witness '
gives tv/o different versions of the sane thing, how nuch credi- |
bility can wo put in -what ho says? Do you want to send a nan ]
to the penitentiary on the testinony of a i,/itness v;ho testifies j
to one thing one nonent and then just the opposite the" next? A
Haybe there is a reason for it. I don't Icnow. But it is in j
the record as to what he testified. If there is any doubt in ;j
the Court's nind about it I wish the Court wou.ld have the ^
reporter read the tecti/.i.ciy. ^ -i
•^hen, there is Orosso and Pisciantano. Well, they only -j
identr'.fied one nan each. The nan.Grosse identified was 23 feet -^
away - we paced it off in the courtroom. The nan Pisciantano |
identified v/as 25 feet away and wo also paced that off. Then j
Belliani, he clained to have seen the nan that ho identified ^
at roon Y outside the orderly room altogether. '
The Court saw that evening it v/ent down there and visited i
the preniscs how difficult it is to identify particularly j
negroes outside of that orderly roon. Particularly, when you j
are on the inside looking out. A black face. It was difficult
there that evening to recognize us; light in color.
How nuch credence can we give to that typo of testinony.
1749
particularly when it is uncorroborated.
Another point I vmnt to oiaphasize is the groat difficulty
laost of tho Italians had In identifying what, if anything, the
colored soldiers had in their hands. None of the v/itnosscs,
v\/ith a few rainor exceptions could, rcieiiber what kind of a club
a nan had, the size of it or its shape or color. And under
ordinary circurastances, that is understandable.
But it seems to ne that if I virere dov/n there that evening
and if I were in fear of being struck by one of those sticks
or clubs or v/hatevur it was, that I v;ouldn't have my eyes
focussed on the individual's face. I ;/ould be watching that
club or stick. That would bo the center of Liy focus. I would
be far more interested in v/hat was going to happen to that
stick next, where it v;aa going t^j land, than I would in any
particular facial or physical characteristics of one of those
negro soldiers.
That is the thing that they would be v/atchlng first of all
if the Court please, is whatever weapon was in the hand. Why,
it is only huinan nature that that sho^^ld bo tho situation.
Self preservation - it is human nature - if a blow is aimed at
you to attempt to avoid it. And it v/ould be far easier for me
and I think for any jiember of the Court or for anyone else for
that matter, to toll v/hat tho nan had in his hand than it would
to attempt to identify his physical characteristics.
i\rm of course I don't know whether Grosse, or Pisciantano
or Bellini identified tho right men or not. None of us v/ill
over know. But I do kn.jw that the cii*cui.isti:nces are such
that their tectiiony should be considered v;ith the greatest of
caution.
Just as a further substantiating factor of the frailty of
human recollection; it isn't of any groat significance in this
case; but I do want to call the attention of the Court to the
Italian v/itness Urbano. Nov>: he oven had long sun tan pants on
Olivotto when he jiraped out of that vi/lndovi that night. I as-
sume it v/as about this same time that he saw Olivotto as these
other witnesses testifiod they saw him when he went out that
v/indov/. It may have been two men; I don't Icnov/.
But I do knovj i.iost of the v/itnossos had hl:i in his under-
v;fear and his shorts; but Urbano had him fully dressed with pants
on him. Now I am fully satisfied Urbano didn't attempt to
falsify, but it is just one of tho fraMtlos of huiuan recol-
lection and one of the reasons why the Court must be careful.
Nov/ counsel made tho statement this m.irning that I v;ould
probably toll this Court that they should not convict a single
one of these men on tho uncorroborated testimony of a single
Vifitness, He is right. I du so tell tho Court.
And v/hy did counsel mcike that stat'o-mont? "^Vhy did it occur
to him? Because he laiows that if he v/ore in my place that would
1750
be the thing; he put hiiuself In lay place in attempting to
detorraine what I v^rould toll this Court, And capable lawyer
that he is, he Icnows that if he were defending this case that
that would be the first thing he v/ould insist on, that this
Court not try to convict any man against whom there had been
only one witness.
And I say, that because of the physical conditions v/hlch
existed down there aroxmd that Italian area; the poor light-
ing; as well as the short coiiiings of the hurian memory. It is
just a precaution this Court should take against sending any
man to jail or to a period of conf inoxaont.
Woll, v/hen I say that there should bo corroborating
evidence, I uoan that there shall bo substantial evidence.
The tostii.aony of at least several credible and trustv;orthy
witnesses. Counsel uade ono statement this morning - I had to
pinch myself for a moKiont to tell v;horo v;o were. I couldn't
tell, from what he said, whether we wore over in IJazi
Germany or here in the United States. Ho v/ants you to con-
vict men upon the testimony of a single witness because ho
tells you that thoy may have been m^ro involved in this affair
than other men. Well if that is true and there is any such ]
i.ien, v;hy doesn't counsel prove it?
Does he v/ant this Court to reach up into the realm of
fantasy and supply ovidenco through imagination? That isn't
the Ai.ierican way. Those mon aren't required to prove their
innocence. And it isn't fair for counsel to take the position
that the Court should assu:iio that these men whom he has failed
to implicate in this caso might be the most guilty man and \
therefore you should convict him. •
'lliat is his job. It is his job to supply the ovidenco •
and if he has not done it they should be acquitted.
Now there is ono thing in this caso that I dislike to
mention. But in view of my duty to the accused I fool that I
j-iust bring it to light. V\lhere is that record of identifica-
tions? Why hasn't it been retained or produced here? I
demanded it and there hasn't been any satisfactory explanation
given as to its "vvhereabouts or what was done to it or with it.
As the Law; Member will advise all the Members of the j
Court, in circu^astances such as these, where a record as this
has existed and is not accounted for or produced, these accused
are entitled to the legal presumption t.uit that record of j
identifications was unfavorable tc the Prosecution and that
is the only reasonable inference that jo^u can drav/ from the
clrcuinstances and I suspect that that is the reason it was
destroyed. '^- ,
That is the very foundation of the investigation on the
Government's case against these men - those original identifi-
cations that ¥;ere i.iade •- the record of thoxi. Why, you would
think that that is the one thing they would hang on to and
never let get out of their sight.
But when I asked for it I don't get it. No satisfactory
1751
explanation has ever been (..iven to i.ie, and ine only thing I
can gather is that it raust have been destroyed.. And a valua-
ble record of that kind - why, they knew there would be a
prosecution of this case; they knew that the identifications
of these uen night be questioned. V/hy was it destroyed?
Well, it iiust have been of some help to the Defense. I
I want to speak now of sorie of the accused in this case.
First, I want to speak about a group that on my advise did not
take the witness stand.
Those are: Riley Buckner, Lee Dixon, R.ianuel Pord, Sylves-
ter Canpbell, Janes Cover son, Ernest Grahaiii, Freddie Ui.iblance.
And C. W. Spencer.
In view of the fact they did not take the witness stand
the Court hasn't had the opportunity of looking at then, or of
observing then with any degree of caro, and with the Court's
pemission I v>fould like to ask the Couit's pernission for
those particular nen to cone forward here so that the Court can
see then. May I have the Court's pernission?
Law Menber: Subject to objection by any neraber of the
Court, Defense counsel's suggestion will be denied.
Major MacLennan: Objecbion.
President: Court -will be closed. Clear the roon, please.
Court enters closed session and upon the conclusion thereof,
proceedings resurae as follows:
President: Court v/ill cone to order. The Court, during
the closed session, took a brief recess and it is now open.
Trial Judge Advocate: The record nay show that each of the
accused are present, other than the accused Roy Montgonery, that
all nenbers of the Court are present, and that the personnel of
the Defense, as v/oll as the personnel of the Prosecution are '
also present.
President: The Court, by a najority vote, sustains the
ruling of the Lavj Ke.abor. At the tine each of the accused was
warned of his rights as a.i accused and as a witness in the case,
each of the accused stepped forward to the bench and was fully
observed at that tine b;y- all nenbers of the Court. Tlie request
that only a few of the accused again ni^esent thenselves to
the Court is wholly uiinecesiiary and rapi-jpor and night be un-
fair to the others. The ruling of the Ijaw Ilenber therefore is
the ruling and the decision of the Courl. .
Defense: Now what is the tostinony hero If the Court
please, v/ith reference to Riley Buokner? Riley Bucknor is an
accused v\?ho served overseas and v/as brought back for thit3
trial. Tlie only testinony is that at sone point outside the
orderly roon and near the tent, I believe between the tent and
this other tent narked 2 (Indicating); between tent 1 and
1752
tent 2, or nearor tent 1, I can't recall the exact testimony;
but Riley Buckner picked up Alvin Clarke and carried hin back
up to the colored area.
Clarke testified also that Riley Buckner carried hin up
back to barracks 719, or in that vicinity. Clarke, in his own
testiuony, ran dov/n there and never got Inside the orderly
roon; he never got a chance to participate at all in the riot.
lie v/as knocked out. ' ■ ■
ftlley Buckner, of course, couldn't have been in that or-
derly roora or ho wouldn't have scon Clarke at the tir.ie he
was laying on the ground. There isn't one single iota of evi-
dence in this case that Riley Buckner participated in this riot
to any extent whatsoever. All that appears in the Prosecution's
case is, he is nothing more than a bystander that happened to
be present.
He saY^r Clarke and picked hii:x up and carried hin out,
Hov/ as to Lee Dixon. The only testimony in this case as
to Leo Dixon was that of Sergeant Todde. And I submit, if the
Court please, the evidence does not disclose beyond a reasonable
doubt that Lee Dixon was an active participant in the affair.
Even on Todde's testimony the Lian was not armed. Ho d'idn't
do anything. And if Todde was wrong as to two other men, are
you prepared to saj- that Todde was right or Lee Dixon.
Emanual Ford. The only testimony against E.ianual Ford
is this; - aiid here is a ^aan sitting over hero v;oarlng four
battle stars and a South Pacific ribbon, a man who was over
there for three years, through every ..lajor engagement in the
South Pacific, Port Darwin, the Sdloman Islands and New Guinea
-- and the only testi..iony is that he was seen in the area.
Sims did say he didn't see him doihg anything. The time
that he saw him is not fixed. And I think in all fairness -
where he said ho saw him outside the orderly roon, and the time
is not fixed and he did not see him doing anything, he was just
out there in that area Y^hore there is difficulty in identify-
ing anyone -- is the Court prepared to say from the testimony
of only that one v/itn-.ss that Emanual r'ord v;as a participant
in the riot that night V
'[here is not a single iota of evidence that Emanual Ford
participated in anything that went on, during the time he was
there, and the best - at very best - ho could only have been a
bystander, who happened to be witnessing what took place.
Then, there is Sylvester Gampbel] , another man brought back
from overseas. Absolutely, the only testimony against Sylvester
Campbell was that of Thomas Battle, iie don't place v/horc he
saw him. He just says in the aroa; he had nothing in his
hands and wasn't doing anything. Do you remember that Sergeant
Cabral testified as to Ca^upboll' s good reputation? Now on top
of that the witness Redloy, a man who was v/orking up in the mess
1753
that night with Sex-gGan:: Graham testified that when he ca:-ne back
froin the ness hall after 11 o'clock and went to the barracks,
Sylvester Caiapbell was in there and he and Sylvester Carapbell
looked out of the window at what was going on and Sylvester
Campbell never left his barracks that evening.
I submit, if the Court please, there isn't any substantial
evidence with respect to Sylvester Ca:upbell, let alone any
evidence sufficient to convince the Court beyond a reasonable
doubt that Sylvester Campbell was a rioter that evening.
dames Cover son, another man that was brought back from
overseas. And absolutely the only thing against James Cover son
that has been brought before this Court was the testimony of
Roy Daymond. That at some later time after this riot took ^^
place he heard Cover son say "I beat up an Italian \inmercifully.
Was counsel fair this morning in the example he put to
the Court? The Major Crocker Incident he talked about? If
Major Crocker had boon beaten and then somebody, the next day
said "I beat up Llajor Crocker."
7/ell, of course, the incident he put is only one indivi-
dual that is involved and only one time involved, because
Major Crocker had only boon beaten once and in a statement of
that kind probably it v/ould be tied in with Major Crocker, but
the incident with Cover son does not tie in with the particular
occasion.
There isn't anv evidence in this record he was in that
area or anywhere near it. Like I told the Court at the close
of the Prosecution case, James Cover son may have stayed away
from there, and he may have intentionally stayed away and been
boasting about it the next day to the mon, wanting the men to
think he did go down there, or for all we know, he may have
been talking about some previous occasion. I don't know.
But certainly that is not sufficient to convince beyond
any question of a reasonable doubt that ho was involved in
that -^racas.
Now Ernest Graham, the only man that attempts to implicate
Ernest Grahai^i in this case is the sa::ie Thomas Battle. On top
of that. Sergeant Cabral said that Ernest Graham had a big job
to do that night, getting the mess hall ready for inspection
the next morning. It v;as after 11 o'clock when Graham left
that mess hall, v;oll after.
Then, he went dovm to the latrine before going to his bar-
racks. Sergeant Cabral saw him outside the latrine. And the
riot was well underway at that time. The Court will remember
that Sergeant Cabral was on his \-mj up to the orderly room to
call the MP's, and he went in there and put in the call and
then he went outside and stood on the corner a couple of minutes
and came on to the barracks.
Then, we have the testimony of Herman Redloy again, and I
1754
But I loarnccL sor.icthlng xiew about the law this iiornlng.
Counsel says he did not have a single witness to coiae in and
account for his novonients that night. Well, v/ouldn't it be a
fine state of affairs if, to keep ourselves fro;;i bolng inpli-
cated in soivic crliae, we had to carry somebody around with us
all the tine to account for our noveincntsl 'Nhj of course not.
Counsel seeks to cast the burden back upon the Defendants
requiring the:.i to prove tlionselvos innocent. And why does he
want to do that? Because he knovi/s that in these instances
he has totally and wholly failed to prodtice the required degree
of proof to sustain a conviction,
Tnon we have got B'roddle Ur.iblance, another boy brought
back fron overseas and the only witness that luplicates Freddie
Ur.iblance is Thonas Battle. A nan vi/ho isn't v\forthy of belief.
There isn't anything else. Just Thonas Battle.
Then I v/ant to also ncntion the accused C. 7/. Spencer.
There is only one witness that iupllcatcs hiu in this case
and that is Sins. SLas didn't identify hin in the orderly roon
he identified hin in the area outside. Out there v/here it is
dark. Out where it would be difficult to recognize anyone
specifically.
You v;ill recall on cross-exanlnatlon of Sins with respect
to this, that he couldn't recall where the nan was standing
or even cone close to where he saw hiu; and he couldn't recall
v>^hen he sav/ hin; with respect to when the affair v/as going on
Y'/hether it was early or lato, or v/hether it was any particular
tine. And he couldn't recall how ho was dressed.
I think this nan also should be acquitted. On such testi-
nony the Court cannot say the proof is sufficient to overcone
the presunption of innocence and convict hi.:i, on the basis the
proof is established beyond a reasonable doubt.
Gentlenen, v/here there is only one witness, under physical
conditions like this, there is just too riuch roon for error.
Too much roon for the frailties of hiraan recollection and I
feel satisfied that if this Court convicts any of these nen on
the testinony of a single uncorroborated witness' testinony
1755
subnit he v^as a good witness; he vjas not perjuring hinself
and counsel did not inpeach hin on any cross-exanination.
Ilernan's testinony v/as, he said he left that ness hall before
Graha:.!, Ho told hin to lock up and he went down to Siis bar-
racks and he v/as there ho said about five or ten ninutes,
when in cones Sergeant Graha.a.
And as a further indication that the riot v/as alnost
over by the tine that Sergeant Grahai.i even left tho ness hall ^
- well, first of all, Sergeant Cabral going up there and call- \
ing the MP's, arriving shortly thereafter and going down the j
hill. Then we have got a few ninutes in or about that tine J
they hear the traffic going down the hill and they watch it i
out of the windov/. ■
■under the physical circutn&tances such as existed here, there
v;ould be a torrlble miscarriage of justice.
Nov; with respect to these men that were down there. Iden-
tified dov/n in the area, but not doing anything; I have men-
tioned before the Barabor Bridge caso. And v;hen you go in', to
deliberate I want you to take that case in with you and road
carefully what it says and with particular respect to the r.ien
I have just nontlonod.
I want you to road what the accused V/iso was doing in
that case and vjhat the Court had to say about it. Of course,
counsel in referring to it at the close of the Prosecution's
case referred to it as a r.ian vi/ho just happened to be on a
public street.
But I vvant you to see just how this man Wise happened -
just happened - to be in an English put -,7hen the trouble
started i Row he just happened to bo ordered out by an HP and
hovif ho just happened to bocouc Involved v/hen the trouble
first happened and then I want you to road when the trouble
started, when ho wont out in front whore the big riot was,
where the big crowd vai:, and how he just happened to bo stand-
ing with this big crowd when the MP's found It necessary to
shoot two uen and they feel, notwithstanding that, the Board
of Review in that case, felt this accused Wise was not a
participator. He was nothing raore than a bystander. He gave
no encouragouent, but anyway they reversed his conviction.
Counsel takes the position that any of these uen that were
within the Italian area that night should be convicted; that
they hadn't any right to bo there. And there isn't any question
that if' siich a theory was upheld it wotild pave the way for in-
justice after injustice.
Let us just suppose on this night, on this particular
night of August the"" 14th, that some of the men had burned down
some of those buildings; would counsel want to convict every
man that went dov.Ti to witness the fire?
They wouldn't havo any reason to bo there, but they would
just be curious as anybody would. It is the most natiiral thing
'\4.n the world, when there is a fire or a fight or something un-
usual taking place, to stop, to go down and soe vvrhat is going
on. If I had been around that night and heard a big fight
going on I would have probably have bo.n over there and 'he
WDvild .want to convict me because I hac; "oo..-\ over there watch-
ing it. ,
I haven't any doubt if any member of this Court happened
to know about something unusual going on that night, or heard
about it, ho would probably want to go aro\.Jid and take a look.
Why hov/ xiany times have \;o gone out to fellow the fire engine,
you yourself have done it; I know I have doi'i.e it and I think
every member of thy Court has gone to soe v;hat was goxng on.
Well, I haven't any doubt, at least, that every member of
1756
the Court at soino tlno or another In his life has walked along
the street and seen a fight or sonething lonusual take place
on the opposite side of the street and vmlkcd over and stopped
to watch it.
It is the only natural reaction. It Is only a hitaan
liupulse to satisfy your curiosity. Aiid out of the one hundred
and fifty negro soldiers that v;orc undoubtedly aroiand that
Italian area that night - or nore - there v;as undoubtedly a
large percentage that went dovm to see just v/hat was going
on. And they had no thoughts of being involved in it. You
can't penalize thei.i for that, for following their huiian in-
stincts, and that is just the danger of attenpting to convict
any one of these i.ien just because ho happened to be seen down
there at soi.ie unfixed time.
Tills Court has got to live with itself a long tlr.ic after
this case is over with and there is too i.mch chance for error
under this t^^o of a situation. There is too nuch chance that
you iilght convict an innocent uan.
Now I want to say a fev; words about some of the other
accused here. Let's take them as they come here, let us take
the accused Alston first. Another soldier that v>fas brought
back from overseas and a man that held a substantial position
in civilian life, a chemist assistant and a checker for the
International Harvester Company.
He took the witness stand and told a straight-forward
story of his movements. He v/asn't impeached by counsel. Now |
what is against hi:ii here? I
Clarke. He claims he saw him in the Italian area. Now 1
on direct examination he didn't say where he saw him. On cross- ]
examination he couldn't remember where he sav/ him. On redirect 'j
examination he said It was around the mess hall. And on re- i
cross examination he didn't Itnow whether Alston was in the |
Italian area or not. i
I mean, that isn't credible testimony, if the Court please.
Not for a witness to testify that way. J^'irst to blow hot and
then blow cold and then blow hot and then blow cold. It isn't
the type of testimony upon which you should convict men in
this case.
Taking the testimony as a whole and the manner in which
Clarke was discredited, I just don't t>.lnk it is sufficient to
convince beyond a reasonable doubt. A.i.d I v/ant to say a
brief vjord too about the accused Barber.
Here is a boy that has served overseas; he is married;
and in civilian life he held a substantial position. Barber-
ing. He v/as a waiter for the Pennsylvania Railway Company,
and you have all travelled on that railroad I am sure and you
know that their v/aiters are usually a pretty high class group
of men. Tliis man v/as frank and honest when he got up here.
1757
n
He didn't make any bones about It; he told the truth; he told
you just exactly wnat he did down there and I ask the Court,
in all fairness - don't penalize him because of his honesty. ]
And there is V/illie Basden. Now here is a man that's been
identified by only one witness. And that is Corporal Haskell.
And Haskell, if you remember placed Basden in a group - I think
it v/as at door B - but not in the imraedlate vicinity of the
front of the group. He was behind.
And he has not been identified by a single other witness.
All of his testimony was that he was in his barracks.
Now I will concede that Corporal Haskell v/as attempting to
tell the truth. But we do know one or two things that he was ^
mistaken on that evening. I think I have shown the Court that; .^
so does the Court want to convict Willie Basden in view of
that possibility for error and mistake, on the sole and uncor-
roborated testimony of only one man? There is just too much J
room for mistake, if the Court please. 1
Now as to Johnny Ceaser. The only particularly real damag- j
ing testimony against Ceaser is that of Battle, '^o I think j
was quite clearly beyond belief. He was down there. That is, |
if you accept the testimony of the other witnesses. But there i
is no testimony that he vms doing anything. That he hurt any- j
body. Or that he damaged Government property. ^
On the contrary, if you will recall Nathaniel Spencer's '
testimony, Johnny Ceaser was helping an American soldier. Now i
I submit, if the Court please, Ceaser deserves considerable 1
consideration there and ho deserves the Court's leniency. J
\
Now we have Russel Ellis. I think counsel made the state- |
ment this morning that Willie Ellis identified him in the order- j
ly room. I don't think counsel intended to make that statement ■]
and I think the record bears me out. He saw him outside the j
orderly room. 1
Ti
Here is a married man, v/ith a faa.iily; a man that has re- *
ceived the Good Conduct Medal. A man that was sent overseas ,
since this incident occurred and a man that's been promoted
since this incident occuri'ad. And after all, this case against
Russel Ellis boils down to Willie Ellis versus Russel Ellis.
A man with a good record, a man that holds a college de-
gree; a man that has gone overseas; a ..'.an that has received the
Good Conduct Medal and a man that has been recommended^ for his
work overseas; and has been promoted for that work. His v/ord,
his testimony, against that of a man whose uppermost thought
was to save his own skin, whose testimony under the circumstances
such as that - whose word are you going to accept?
V/ell, then Jefferson Green. Only two witnesses testified
against this man. Battle, the prevaricator, and Todde. Now we
disregard Battle's testimony, which I don't think is worthy of
1758
belief axid v/e have got only Todde's testinony.
Nov; you will renoriiber Jefferson Green was the first accused
to take the witness stand. He told a straight-forward story
about his movements that evening* The Court will look at it's
notes and v/111 recall he was not impeached or discredited
by counsel and counsel tried hard - very hard.
Now WG do knov/ that Todde vifas wrong a couple of times
that evening* Is the Court then prepared to say he might not
have been wrong in this particular case? Is the Court
prepared to say this man is guilty beyond all question of
reasonable doubt?
Johnny Hamilton. Well, Hariiilton v/as in the Italian area
that night. He don't deny It. But there isn't a scintilla
of evidence that he injured anyone. And the Court will recall '
that he rendered valuable assistance to Sergeant Farr. That
circurastanco in and of itself is sufficient to warrant the
Court's utmost consideration and leniency.
Now I want to talk about Henry Jupiter. Counsel said a
lot about this witness Corporal King. How fair he is, how
honest he was. iLing did testify before this Court that after
he went down to the Italla?i area hd sav; Henry Jupiter, but does
the Court remember that I asked him about Henry Jupiter when I
talked to him out at Camp Jordan. I brought the stenographer
in v/ho testified about his testimony. I asked him - Corporal
King - at that time, if ho had seen Henry Jupiter down there
that night and he had sa.ld no. }
Now how honest is Corporal King? And counsel v/ent on to ^
make a lot of hullaballoo about this crap game. Trying to
convince the Court that Henry Jupiter claims he was shooting
crap through all this incident v/hen the riot took place and
I will ask the Court to go back and read its notes on Henry
Jupiter's testimony; he didn't say anything of the night of
the riot as to the time but that it v/as after the riot was pret-
ty v;ell over and ho v/ent back up to his barracks that he
started shooting craps again for a few minutes.
All the testimony there is here against Henry Jupiter
is Alvin Clarke and Corporal King. Nov/ let's look at Clarke's
testimony again.
I v/ill ask the Court to look back through their notes i
and make a note of it here, and you v/^Vi have it v/hen you get j
in to your deliberation, Clarke on (.'ii^:^ct examination said he -I
saw Henry Jupiter. He didn't fix the time; he didn't fix the
place. On cross-examination he couldn't remember v/here he
sav/ Henry Jupiter. On redirect exarainatlon he sav/ him around
the mess hall. Then on rocross examination ho didn't know ^
whether he v/as in the Italian area or not. Ilaybe ho was.
Maybe he v/asn't. I don't knov/.
But I am not prepared to give very much credence to any-
thing that Alvin Clarke testifies to unless it is strongly
1759
corroborated by credible witnesses and King lied to me once, or
was mistaken or something, and under those circ-umstances I
don't consider Corporal King a credible witness.
And now as far as the accused Loary Moore is concerned,
with all the testimony that is against him Loary Moore took
the witness stand and he told his story. He wasn't down there
in the Italian area that night. He was in his barracks. Will
the Court be prepared to say beyond all question of reasonable
doubt that Moore is guilty in this case?
And then the accused Sanders. Nov.' at tlie very best,
Sanders could not have been Involved dof/n there that evening
for more than just a few minutes. Even if the Court is
completely satisfied that he was down there. And I'll tell
you why.
He was the nan that brought Sammy Snow up to the barracks.
And there isn't testimony he was around there thereafter. Now
Sammy Snow was hurt early in the proceeding. And at the very
worst against Sanders, he couldn't have been Involved or he
couldn't have been dovm there for more than just a few minutes.
And as to Freddie SL..:aons, the Court has heard the testi-
mony against him. Freddie took the witness stand. He is a
married man with a fardly and a boy that has seen overseas
service. I thought he made a good witness.
He said he went to the show; came back from the show and
went to his barracks and went to bed. He was awakened by the
noise but he didn't get u.p; went back to sleep. He couldn't
have been both places, if the Court please. The Court has got
to accept one story or another. I submit that he made a
splendid v/itness here from the witness stand.
And I want to say a vrord about SaEiray Snovi/. There Isn't
any question but what under the confession and evidence Sammy
Snow had all the Intent in the world to go down there that
evening. But the man has never been convicted yet and the
conviction. If such, has never been sustained under our system
of law for what he intended to do or wLat he thought, unless
he executed and carried cut that intention.
I may have all the intention in the ¥;orld of taking a
crack at somebody or killing soraebody, but until such time as
I put Into execution the thoughts I havo In my mind I cannot
be convicted, I have cor.viitted no crli.ic .
Sammy Snow never got the opportunity to put into effect
v;hat he had in mind, to put it into execution. Somebody let
him have it. And I submit, no matter how much the Court
finds that Sarmy Snow Intended to do something that night, he
never got the opportunity to carry out that intention.
How you have heard the testimony against Alvln Shelton -
or El^a Sholton, rather « Roy Daymond and the Italian witness
Grosse.
1750
Daymond, I don't think, is worthy of belief, and I have
told the Court why. The Italian paced off the distance in
this courtroom that he was away from the man he thought was
Elva Shelton. 25 feet away,
I think there Is serious doubt whether, under those cir-
cumstances, he could accurately Identify anyone. And as
opposed to that, Elva Shelton took the witness stand here
and told his story and v/as not Impeached or discredited by
counsel.
Under that positive testimony. Is the Court prepared to
say beyond all question of a reasonable doubt that Elva
Shel-on was dovm there participating in that fight that night?
He
Then we have Nathanial Spencer. And I think Spencer
should receive some special consideration from this Court,
took this witness stand and was very frnk, very candid, very
honest, about what his actions were that night. He wasn't |
lying. He told everything that happened. He told it very 1
frankly and he told it very honestly.
'•i
Counsel did not impeach him In the slightest degree. He j
said that he made a swipe at a man down there that he thought j
was an Italian and his swipe caught Johnny Ceaser. I think he 'i
is to be believed. And lio was not at the place that Willie j
Ellis said he saw him. That is an important clrcunistance. I
In view of Nathaniel Spencer's candor, I think the Court ;
should show him the utmost of leniency, !
Then there is Leslie Stewart. The testimony against ■,
Leslie Stewart, of course, was that of Parr and Todde. Todde |
you will remember never identified Leslie Stewart till the ,j
day he came into this Court. Three months after the occur-
rence took place. And it was Todde, if the Court please
you will remember that told me when I examined him over at
Mt. Rainier that he had never seen Stewart before.
That leaves us thoa with Sergeant Farr. I will concede J
that Sergeant Parr vas certainly probably honest in his belief j
that he saw Stewart, but we know his recollection was not
correct as to some things that occurred that night. Are you
prepared to say he was wrong on the others and right on this
one? I ask this Court to consider that matter very seriously.
Then there is Arthur Stone. Arthur Stone, a boy that was
brought back from overseas' service. And you will remember
he is the chap who was quite a comedian here in Court during
the time he was testifying and the boy who had done some amateur
boxing around the Post here. He is probably better known than
any other man in the Company and because he is In the lime
light more he is undoubtedly better known. He represented the
Company. Had done some amateur boxing around the Post. The
Company was undoubtedly down there and saw him every time he
fought. I am sure if somebody saw him - and I mentioned that
for this reason. His name, if somebody was asked who was there
1761
that night - and that person v/as trying to save themselves, and
had that thought upperraost In mind, trying to give some names,
any names - Stone's would he one of the first they would thlnic
of. You heard him here In Court. He testified to v/hat he
did that evening.
The Court must weight his testimony against that of the
other witnesses, but don't convict him just hecause he forgot
v/hether he had his pants on or not, as Counsel wants you to do,
I was Impressed with Stone, I think he Is a good fellow. I
think he is a fxmny hoy, I don't think there is anything .
vicious about him at all, '
Well, Booker Thornton, Booker Thornton is a married man
with a family v/ho served overseas and v;as promoted overseas.
And after this incident took place. And he is the hoy, you '
will remember, that held a responsible job in civilian life
with the Firestone Tiro and Rubber Company.
He admitted on the witness stand that he went as far down
as building number 700. But he never went further. The only
other testimony against him is that of Corporal King. And i
we know Corporal King didn't toll the truth, at least on one \
Instance here, and why should v/o assvirae Corporal King Is tell- ^
Ing the truth this time, ■
It simply narrows dovm to this. The witness Sims said he
sav; him in the area of the mess hall and Tliornton admitted he -•
was dovm In the vicinity of the mess hall building 700. So
It narrows dovm to the point of whether you are going to accept
Thornton's v/ord or that of King. And I submit since Corporal '
King has been dlscredltted, the evidence is not supported be- j
yond a reasonable doubt that Thornton v/as a participant in the ;
rioting that evening. j
i
Nov/ Vi?e have Booker Tovmsell. Townsell took tlie v/ltness ;;
stand and I thought he told a straight-forv/ard story about ''■
his movements that evening. He was In bed and you remember we
brought Bratton back here and you never heard a more honest, ,
find appearing v/ltnosF. on the witness stand in your life than j
Bratton, And he testifiod that Tovmsell v;as In bod that even- j
ing; that he sav/ him in bed; and we have got some stipulated >i
testimony of John Terrell that he was in bed from 11 o'clock j
on, all through this time that the fight v;as going on, till j
the OD came aroxmd. Maybe some part of that time Terrell was .
sleeping, but the period Is fully accounted for, if the Court
please, v/lth the testimony of Wilson, Terrell and Townsell,
If you v;lll consider all their testimony yoti will find
that that period from before 11 o'clock clear all the way
through, up until the time that the ODcame around, is fully
accounted for, Vkhen you consider that, I don't think there
is sufficient to convict beyond a reasonable doubt, that he
v;as guilty.
Well, there Is Arthur Williams. Arthur Williams is the
boy v/ho was the barber for the 651st Port Company. Arthur
Williams is thu boy v;ho v.'ont dovm to the PX that night. He
1762
bought about ten dollars worth of merchandise to sell on the
train, if you will remember. And he came back to his barracks j
and he made ten of fifteen dollars cutting hair. Had to \
bo a pretty busy boy that night to cut that much hair at :■
thirty-five cents a head; it takes a lot of head of hair to |
make fifteen dollars at that price, I
1 v;as impressed v/ith Williams testimony. He was a good \
witness. A nice boy, Toddc said he sav/ him out there in the j
corridor. I think Todde must have been mistaken. He had been ^
mistaken about other incidents. And Groshem said he saw --I
Williams dov/n there in that vicinity tiiat night after the I
MP's arrived. He didn't say what tirae. And he wasn't even a )
member of the same Company. He didn't know Williams well, |
They both said that, ]
.1
And the place where ho said he saw him v/as dark, where ^
Identifications at best wore difficult. Well, I think there •
is sufficient there to create a reasouabl.^ doubt as to whether ]
Arthur l/Villiams was implicated in that riot, |
1
President: We will take a five-minute break at this ■!
point; remaining seated, l
I
Court v/as recessed for five minutes and proceedings ro- "'
sumed as follov/s:
President: Court v/ill come to order. You may proceed, ]
Major, i
i
Defense: V/oll the next man I want to mention, if the ;;
Court please, is Herman Johnson. The Court saw this likeable
negro soldier v/hen he testified here from the witness stand,
A man that in civilian life was a foreman for the Packard Motor -;
Car Company. A good, substantial citizen; he was a good sol- I
dior. He was a man v;ho v/as picked out of that Company and ^
sent to a special school for training as a crane operator, -.^
i
The only real evidence they have got against him is the '
trench tool, which he very frankly explained he drev/, put it
down on his bed, and the next time he looked for it it vms
missing,
i
Now he testified ho v/as only out of his barracks tv/lce ^j
and at very short periods of time. He was the pressor for the ^
Company; he v/as in there pressing colthus that evening. He ]
took a look out of the door once and Serjeant Cabral was out j
in front and told the men to stay in and ho v;ent back and j
continued pressing clothes and at a later time he took a -i
pail and v\/ent up to the latrine, just a short distance from the ]
barracks, and got a pail of water for his pressing iron and then i
came back dovm to his barracks and v/ent on v/ith his work, '
Now his testimony is corroborated by Jacob Person, The
testimony we stipulated to hero and too by Freeman Pierce, the
barber who v;as v/orking at the same table. Of course, wo ^^
1763
couldn't account for Johnson's every movement, because he did
go out, under hiu own testimony, but he was only out for a
very short period of time. Counsel makes a considerable to do
and mentions with great pride the witness Murray. Murray, he
is the man, if the Court please, you will remember that I
examined dovm here at Camp Jordan, and I read from the examin-
ation that I conducted at that time, and he quibbled a lot but
finally admitted he said that, and what did he say to me?
The Court will remember that^,man that was working up there
at the mess hall under Sergeant Crraham and said he left the
moss hall before Sergeant Grfhaxa ' and came back to the barracks
and stayed in the barracks alx ^.lat evening and never went
out; that's the testimony about Johnson,
Now why docs he lie to me if he is tolling the truth
now? I don't know. I haven't the sll,'-:;htest idea. But it
shows the man hasn't any hesitancy to tell a falsehood and
we know when he told an untinxth once v/hy should we give him
any particular crodoncG as to his tostimony at any other time?
I submit, if the Court please, that there is not sufficient
evidence to convince this Court beyond a reasonable doubt that
Herman Johnson was implicated in the affair that evening.
Now with respect to Roy Montgom..ry. . He is not here, but
I want to say a couple of v/ords. I appreciate counsel cannot
answer me regarding Montgomery so I am not going to say a
great deal,
Roy Montgomery has been very frank and honest about every-
thing he did that evening . Now I just a sk the Court this. In
view of the fact that he was frank and honest about his move-
ments and what he did, don't penalize him for telling the
truth, for being honest.
We come now to John S. Brovm. Tlrio only member of the
578th Port Company that's been brought into Court here.
Counsel tells you he thinks Brown is an easy man to identify.
He is? Well, I don't think he is; I think ho is a very ordin-
ary and typical looking negro, I have already described the
Italian v/itness' testimony who identified Brovm; the Court has
its notes on that. Ho v/as the Italian who was first lying on
his back with his head towards the door and on his other
examination was with his feet to the door. But irrespective
of how he was lying he claims when he Identified Brown he had
been Injured and the blood had been flowing freely down his
face and he said he couldn't see at all out of right eye
and more then that, the man ordinarily wears glasses and he
did not have his glasses on that evening.
Now we have Lallis, one of the men whose testimony v/e stip-
ulated to. Lallis testified that Brovm v;as in bed during the
riot and ho couldn't awaken him. You will recall the testimony
you have heard here about the First Sergeant of the 578th Port
Company, v/ho stood out in front of the barracks with a baseball
1764
bat in his hands and wae sv/inglng it and daring the men to
come out, V7ell, Brown was one of those men. He was a member
of the 578th Port Company, and I very seriously doubt that
Brown ever came out of his barracks that evening,"
In view of Lalli s » testimony I cortainlj'- think there is
sufficient to create a very serious doubt in the Court's mind
as to whether Brown participated that evening.
Now I want to say a few words about Luther Larkln. The
Court heard his testimony. The Court heard the testimony about
him; introduced a^-^:alnst him. It was dark down there in front
of barracks 719 that evening. I think it worild be difficult
for anyone to say with any degree of accuracy that any parti-
cular individual did any particular thing.
Here v/as Larkin and Gresham standing along side of each
other. Larkln says Gresham blew that whistle. Isn't it reason-
able to suppose v/hen he was standing tl-ere that somebody could
have been mistaken? It lalght really Iiave been Gresham that
blew that whistle as Larkin told you he did. There is nothing
criminal about Luther Larkin; he is a good soldier. He has
been given the Good Conduct Medal. He has served overseas.
Well, I think this Court, in view of his previous record,
should exercise and extend to him the utmost consideration and
the utmost leniency.
One thing more I just want to point out there as far as
Larkin is concerned. There isn't a scintilla of evidence in
this whole record that Luther Larkin was ever armed that night.
Or that he ever hurt anyone or that he ever damaged any
Government property.
And the sai;:e thing is trt\e with respuct to \71111am G,
Jones. A lot of people have testified against him; that is
true. But there isn't any testimony that Jones injured anyone
that evening. There isn't any testimony that he did damage
to any Government propoi'ty and the Court oannot assume those
things • ,
This Court camiot asfj\imc that any particular individual
did damage personally or injured anyone, 'The Prosecution must
produce evidence of those acts and they have not done so.
Now v/ith respect to Arthur Hurks. As I listened to this
boy here on the witness stand - and I want to say I was very
much impressed - wit}i his personality and with his sterling
qualities. Counsel, with all his skill grilled him for three
long hours, better than three hours, and he couldn't shake his
story. Not in a single detail.
And I submit, that if a man is lying, if the Court please,
he could not possibly have stood up under the type of grilling,
the type of skillful cross-examination that Colonel Jav\?orski
used, in examining Arthur Hurks, withoiit contradicting himself
in a great many particulars,
1765
Arthur Hurks assisted that night in keeping the crowd
hack. While there is some discrepancy in his story and that
ofFarr's remember please, remember when you deliberate that
Parr was mistaken about Montgomery. P'arr was mistaken about
the length of time this or the time this accident happened.
Parr v/as mistaken about the dilation of nostrils.
And I want to say again. Parr v/as withoixt doubt a very
badly frightened and upset boy; in a state of shock, that
evening. Ho might not have realized it, but under the circum-
stances he couldn't have been otherwise,
I want the Court to think a long time before they dis-
credit the story that Arthiir Hurks told here. Further, I want
you to remember this: he told exactly the same story with res-
pect to Hamilton and himself to Colonel Jaworski the day after
he returned from the Southwest Pacific and please remember
that. He was not vvith Hamilton after he got back either.
He had not seen Harailton for several months, or v/hatever the
period was they v/ere gone. They left in the latter part of
August I believe. And they did not have the opportunity to
conco'-t a story that would hold water. There must be some
truth in it,
I want to read you what Arthur Hurks said, v/hat he told
Colonel Jav;orski the day he got back from the Southv/est Paci-
fic on the 26th of October. And I did not have access to
this statement; remember that, I didn't have access to it at
all. Counsel has had it all to himself. Here Is what he
said:
"I looked down the street and sav.* Hamilton coming up the
street with a white American soldier. When Hamilton got up to
my barracks I ran out in front of my barracks to see what was
up and Hamilton told me to take the man on up the hill,"
Now ho told the same story the day after he turned from
the Southvi/ost Pacific as he told here in Court,
And nov/ Hamilton telle: the same slory too:
"I took the fellow out of the door of the orderly room
and I finally got up to the 578th mess hall whore I saw
Hurks, The white soldier didn't seem to bo hurt bad and I
walked part of the Y/ay with Hurks, who took the v.hite soldier
the rest of the way up the street towards the park, I left
after I saw Hurks taking care of the soldier and went up to
the barracks,"
Now there is the story; there is the corroboration of his
testimony,
'■ ■■ 1766
Fow I haven't any doubt at all but what Farr is absolutely-
honest and. trying to be absolutely honest in everything he said.
But v;e do knov/ of several things that is not right on that
evening. And just under the circumstances as they occurred it
is just only reasonable that his recollection would not be too
good,
I want to mention one last man here and that is V/alter
Jackson. He has only boon identified by one man. That is all.
And he was not identified inside the orderly room, where it was
brightly illuminated. He v;as identified as being outside in
the dark«
I thinl: Walter Jackson, if the Coui't please, should be i
acquitted* I do not believe that we can say under those physi-
cal conditions that existed outside the orderly room that
Walter Jackson was a participator in that riot that evening, 3
I don't think that we can say that beyond any question of a
reasonable doubt,
Nov/ in all of the years that I have practiced law, I want
to say that I have never known of a case that v/as prosecuted
on more flimsy evidence, on more inadequate evidence, that
charge 2 in this case, I am not going to review that evidence jj
In detail; I think the Court remembers what it is. Except to \
say this, 1
Ollvotto was seen and traced from barracks 709 to the
cornoi- of this tent (Indicating), Tent number one. He was
never seen again by anyone thereafter until he v/as found dead
the next morning. And the place where he v/as found is a long
ways away from tent one,
Nov/ counsel brought in one of these Italians that v/as
hiding over thei'e in the brush who heard voices and saw men
dov/n there v/ith flashlights, but v/hat does that testimony
amount to now, after Sergeant Callahan testified that the
MP's v/ere dov/n through there v/ith flashlights, speaking in
English, trying to get tht men to come out. There is a
complete and absolute hiat\is.
And v/hat happened to Ollvotto, wht.:'e ho v/ent, v/hat ho did
from the time he v/as seen by tent one until he was found the
next morning? There isn't the slightest bit of evidence that
Ollvotto was hanged by anyone. There isn't anythlngmore than
a suspicion.
Counsel says there isn't any evidence of the crime, if any
v/as committed, it v/as independent and collateral, I don't see
hov; he could make that statement. I thirJk the evidence is
overv/hclmlng that this v/as an independent and collateral crime.
In the first place, it did not occur in the Italian area,
but some distance av/ay tlirough rugged terrain. Why was he taken
away clear dov/n that long distance? If these colored soldiers
wanted to kill the man v/hy didn't they just use a club or a
knife. From Counsel's own testimony there was plenty of them
1767
ttv
l
there. And isn't it singiilar that all of these nen v^ent down '
to the Italian area armed with clubs, amed v/lth knives, and ^
armed v;lth rocks, armed with shovels, armed with sticks and \
armed v/ith axes? ;j
i
That is the very best counsel can hope to get out of his 1
testimony. I have named all of the v/eapons. Yet, they went j
down there to do violence - but yet - there isn't a single . -I
mark on Olivotto's body - not one.' |
\
If he had been beaten or stabbed to death v/ith a knife, j
v/e might say that there was evidence connecting the death v/ith .]
the riot. But he v;as hanged by the neck; by a rope^ and there i
isn't a scintilla of evidence that the accused or anyone else 1
had a rope or went down there with a rope or even obtained a |
rope, Tiiere isn't a scintilla of evidence that there were any •
ropes around in that vicinity* t
And another thing* The testimony indicates that the rope ' ]
was still around Olivotto's neck while he vms in the morgue. j
Why hasn't that rope been produced? Prosecution contented it- j
self with producing a rope "similar" to the one that was used, i
Was there something about the actual rope itself that was
used that caused the Prosecution to be fearful of producing
it here? They can't say they couldn't identify that rope, be-
cause they had it right down there in the morgue, still around
Olivotto's nock, ^i
Now I don't contend that Olivotto committed suicide, I don't
know how he came to his death. I do say, however, that there j
is sufficient evidence here to create more than a reasonable !
doubt as to whether he was hanged and by whom, 'The Prosecution j
wants you to take the life of throe of these men; three good j
soldiers. Or, to send them to the penitentiary for the reat "i
of their natural lives, or for a substantial term of years, |
\
1 want to say to this Court in all sincerity, if you find |
any of these boys guilty of murder you will regret it and your
conscience will bother you the rest of your life, I don't
really and honestly sec I'ow the Prosecution has the effrontery
to seek this or ask it. And especially, when the man most
responsible for this regrettable incicknt - the man who without |
provocation of any kind - made a dastardly and criminal assault, I
and with a dangerous v;oapon if you pl<jase - v/ith intent to do !
serious bodily injury - -with intent to do murder - is free to j
go v;here he pleases, scott free down here at Camp Jordan perhaps J {
Yes, if the Court please, that is exactly v/hat has happened i
This man is able to enjoy complete freedom and is facing no 1
charges v/hatsoover, none of any kind - no charges have ever I
been filed against him,'
I say to this Court, with all seriousness, if the Prosecu-
tion wants to mak(j an exa^aple out of any man for projecting and
starting this matter - let it be that man Y/lllle Montgomery.
1768
Willie Montgomory - but for whoso cov/ardly and criminal act
none of those men would have tiocn in here today,
I don't oven think Willie Montgomery was unconscious that
evening, I think that Willie Montgomery - shamed before his
friends - feigned unconsciousness and death oven, hoping that
by so doing his comrades would avenge his shame and do what
Willie Montgomery had failed to accomplish,
Nov/ what was done that evening, if the Court please, is
not justifiable; but it is nevertheless understandable. Just
put yourselves in the shoes of these colored soldiers. And
imagine that you believed that one of your buddies had been
killed or maimed by a group v/ho - but a short time ago - v/cre
their enemies. By a group of men who but a few short months
ago were killing our own boys with gun fire, bombs and
v/lth cunningly placed booby traps, if you please.
Under the same circumstances v/hat v/ould you have done?
It wouldn't have boon legally justifiable, but I thinlc that un-
der circumstances like that any red-blooded American would
have done the saK:e thing that these men did*
Negroes, if the Court please, are by nature an easy-going
and peace-loving people. At the sane time they are easily
swayec- by passion and by prejudice. They wore inducted into
our Army and they v;ere trained as fighting men, V/e v.?ere at
v/ar v;ith Italy. She v;as our enemy*
And she was an enemy which, because of the very nature of
the manner in which she entered the war, we v/ere taught and we
pledged ourselves to hate and to exterminate them. You can't
teach men to hate and to kill others and then make thorn
buddies over night J That cannot be done. There arc still too
many graves of American soldiers in North Africa, in Sicily and
in Italy,
The memories of these American soldiers who fought in the
Italian campaign, who arc walking around without arms, and with-
out logs, badly maimed - is still too fresh in our memories.
You just can't teach men to hate and to kill and then v/ithout
anything further throv/ th>.T:i together and expect them to be
buddies with these sariic men they were but a short time ago taught
to hate and kill,
A perfect example of that is the man who buys a dog, and
ho trains him to chase and to bite strangers. One day a
friend of the man comes to the house, but still a stranger to
the dog and the dog bites him. Is that dog to blame? No,
of course not, the dog is only doing what he has been taught to
do. The fault is that of the man who trained the dog that way
and did not untrain him.
The seed of hate which had booh sev/n in the minds of these
men by propanganda and what they got in the training of those men
as soldiers, laid dormant for a long time. It needed only a
1769
I
spark to touch it off. To cause the inevitable explosion, j
Gentlemen, that spark came. These men thought that the j
men they had learned to hate, the men that they had been \
taught to exterrainate, had killed one of their ovm men. They ^
sav/ him laying prostrate on the ground for a long period of ]
time, I
Gentlemen, I defy anyone to say that their reaction that 1
evening was anyting but natural] 1
This situation is vastly different than one of mutiny j
against superior authority, for these men are soldiers.. They j
are taught to obey; they are taught to respect authority; \
they know that.. Here are their teachings - and their only ]
teaching, is to hate and to kill the unemy, i
You know the type of talk that all soldiers get in their ']
basic training. You have seen the literature and having been j
so taught they were never untaught, they wore never instructed 1
at any time on the rigtits of prisoners of war or on the status
of an Italian Service Company, j
\
It was a terrible and tragic mistake, if this Court 1
please, to send these prisoners of war out here to Ft. Lawton
where they were to be mixed with our ov/n soldiers and to set
them down side by side where they must of necessity intermingle j
without proper prior training. |
I say again, that it v/as a mistake and my assertion that ;
it was a mistake is proven by the fact that after this occurence I
the Italians were transfercd to another locality, where they
would not be required to intermingle v/ith American soldiers.
Another fault I want to mention, which is a contributing j
factor to this occurence, and that is, there wasn't a single ^
Company officer of any of these three Companies present that
evening.
Now negro soldiers h;.ve an honorable ancestry in the Army
of the United States. A nogro was one of the first persons to ,
fall in the Boston Massacr-^ in 1707, ITaere were negroes that ^
served as Minute Men in the Revolutionary War and tht,y were
present in the Service in the Battles of Lexington and Concord, ,
And there were nugro soldiers that served in the Civil V/ar also }
and there were four negro soldier regiments that served in our j
Army during the Spanish American War and one of these negro '
regiments v^as the IQth Cavalry, the one which came to the assis- i
tance of Teddy Roosevelt when he so badly needed thnt assistance I
in the Battle of San Juan Hill, where he so diroly nocdcd help
at that time ,
And in World V/ar 1 v;e had four hundred thousand negro sol-
diers and over two hundred thousand of those saw service over-
seas,
Nov/ these men are good soldiers. Many of them have
1770
Terved overseas and many of them have excellent, excellent re-
cords. Let's not put all of them in a position of responsi-
bility for this matter; let's not put all of the blame on them
if the Court please.
Let's put it squarely where it belongs and render justice
tempered with mercy and consideration.
There is more on trial here today than these accused. The
whole Army system of justice is on trial. It has been charged
time and time again that a negro cannot receive a fair and
just trial before a military court. This case, as all of you
know, has received nation-wide publicity. The e-^jOS of the
Nation are upon this Court here, as a result.
I know this Court is not going to let the people dov/n. And
I know that this Court is going to show that in this comir.and
the Army system of justice is sound. That a Court Fartial,
appointed in this jurisdiction, will not tolerate racial
differences or inequality and the negro will be given a square
deal .
Now before closing, I Y/ant to mention one thing. The rules
or procedure don't give me an opportunity to reply to Colonel
Jaworski. He has the privilege of replying to mo; so when
I sit down I am through. Colonel Jaworski is not only a very
splendid gentleman, but he is a very clever and able lawyer.
And he has demonstrated that fact well in this case and that
fact is attested to by the fact that he v/as selected from
thousands of lawyers in the Army to prosecute this case.
Now I ask the Court to govern itself solely from the
evidence you have heard from the witness stand and not to be
overly persuaded by Colonel Jaworski in his most convincing
arguments.
And before I sit dovm, I want to ask this of the Court.
Before you convict any of these accused here today, ask your-
self this question: Would you be satisfied to have your son or
your father or someone nenr end. dear to you convicted and go
to the poniteniary on the sai.io testimony you have heard against
the particular accused you are considering.
Thank you very much for your patience and consideration.
President: How long do you expect to require for your
rebuttal. Colonel?
Trial Judge Advocates Oh, I don't think I will take so
very long. Hov/ever, I have some comments that I do want to
make to the Court.
President: The Court v/ill take a five-minute recess at
this time. We better let the accused go out, and then you
can bring them back as soon as you can.
Court recessed for five minutes and proceedings resumed
1771
as follows;
President; Prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir. ^
Presidents Defense ready to proceed? j
I
Defenses Defense is ready, sir.
President: Court will come to order. Now I think in
view of the fact the accused have been out of the room you
better make the announcement for the record.
Trial Jud;i;e Advocate: The record may show that each of
the accused are present other than the accused Roy L. Montgom-
ery, all members of the Court are present, and the personnel
representing the accused as well as the personnel representing
the prciecution are also present.
How ma^- it please the Court, I shall not reply, nor comment
upon the last ten or fifteen minutes of counsel's presentation.
I consider it not only untimely and out of place, I likewise
consider it most embarrassing to this Court. I think it is an
unjustifiable criticism cf hlr.'her authority. I don't think
that it properly lies in counsel's mouth to bring matters of
that kind out here, which is so wholly out of line with the pro-
ceedings of this Court. With that I am going to let that matter
suffice and rest.
I think the Court knows what I am talking about, and I feel and
have confidence that no member of this Court has paid one whit of
attention to those remarks. I will say this though. That if that
be the attitude towards any human being, as has been mentioned and
alluded to by counsel, we might just as v/ell declare open season
on prisoners of war - on any prisoners of war for that matter - we
might -just as well turn loose the wrath of any who have a heart of
vengeance to wreck their ve;v;eance on them at their will and just
let them do what they v/ant to do.
We might lust as well scrap the Geneva Conventionl We
might just as well tear up all of our agreements and understand-
ings with Italyl We might just as well forget about our Service ^
Units, those Italian Service Units and the pledges these boys ■'
have made and the fact that they have been placed on trial in
these various service units and we might just as well forget the ,
noble work they have done and are doing ir. helping our Govern- ^
ment maintain and obtain the equipment so badly needed that
helps us in our war effort I ,
Yes - if that is the attitude - let's just forget about ]
the whole thing; let's just forget it ail. 'j
How if it please the Court, I care not whether a human
being be a negro, a negro soldier, or whether he be a white
soldier or whether he be an Italian soldier. If his life is
taken under the circurastances that , Olivet to' s life was taken,
1772
?.t la murder t Just plain murder 1 And it is murder under the
■'.aws of this land.
We cannot forget, we must not overlook that after all it
J.S a human being, a body, in which God All Mighty breathed a
soul - and no one - no one has the right to take that life.
And when that life is taken - it is murder I
Now that much is inescapable. And you can talk all you want
to and bring in all the prejudice and poison you v/ant to - but
you will never circumvent that conclusion.
If it please the Court, if one were to follov; and accept
the argument of counsel, one would almost be driven to the
conclusion that everyone of these accused sitting over here were
down in that Italian area merely as spectators - as spectators
if you please. Innocent bystanders.
Who? - I ask you - Who v;as v/iolding the clubs? Vifho was
it that was doing the slashing with those knives? Who put
these many men in the hospital? Who caixsed all that bloodshed?
Was it that these accused Just went dovm there for the
purpose of v/itnessing an affray that might have taken place
between the Italian soldiers themselves? Oh yes I If you are
going to follow his argument you are almost driven to that
conclusion.
Nothing but spectators down there. Nothing but innocent
bystanders.
Well who? Who? Who did the cuttings I Who did all this
damage 1 Who hanged poor old Olivotto!
You know, counsel's approach to the hanging of poor old
Olivotto is so inconsistent to where it is almost amusing. In
one breath he says that he isn't saying that it was a suicide -
and yet he was trying desparately to seek to have this Court
think during a part of this proceeding that it was a suicide.
Well why take up this Court's time with some evidence that
was introduced, with some of the questions and answers that were
asked and given - if counsel was not seeking to imply there was
a suicide.
But his efforts were frustrated. And he was smoked out on
that approach. And he couldn't sustain the position he was
trying to lead this Court into following. Now he says that
while he doesn't contend it was a suicide you can't tell who
hanged him.
Now we know he was taken away in the height of the riot
and we know he was hanged in tho height of the riot, v.'e don't
iinow who took him. But we do know that poor old Olivotto 's
death march was made right at the height of that riot and in
the Italian area I
1773
Now if counsel didn't believe that these negro soldiers -
if he didn't believe that they were responsible for the hang-
ing of poor old Olivotto as a result of that riot - then I
v.ant to knov; what counsel meant when he asked Jessie Sims
if he didn't return to the barracks with his clothing muddy
and mud caked on his shoes.
That was just another way of saying to this Court - it was
just another w ay of saying "Oh yes, we realize there was a
hanging and that it was an outgrowth of this riot, and we just
rranted to imply to this Court that Jessie Sims might have been
one implicated in it."
You can't say it didn't happen in the height of the riot.
And you can't say that the hanging v^rasn't an immediate
outgrov/th from it. Unfortunately, it is true I do not knov/ the
exact man who did the hanging and that v/e are not in a position
to put the finger directly on those men and convict them of
that particular thing - but i^e do know in a legal sense that
the lav; contemplates if a man ¥;ho participated - that each man
who did participate could be charged with it.
Hov/ever, it was considered wiser to charge the leaders here
and that leadership has been proven. They are the ones who
are responsible beyond any shadow of a doubt and it is this
Court's duty of fixing any responsibility on them.
Oh, I am so disappointed in one thing. I thought surely
that among all the witnesses I brought here to this Court
that counsel could at least find one that would tell this
Court the truth!
Isn't is singularly strange that out of the five negro
soldiers' testimony that General Denson granted immunity to —
isn't it singularly strange that we didn~^t find a single
truthful one. Isn't it strange that all of them are liars.
They talk of granting immunity. Well this Court knows
and the Lav/ Member knov/s and is in a position to advise this
Court if necessary that in hundreds of decisions of the Judge
Advocate General that that is a practice that has been
followed and approved not once, but hundreds and perhaps thou-
sands of times - not that it is alv/ays followed, I don't moan -
but it is followed many times - and that is a part of mili-
tary lav; and an approved practice.
Oh I knov; - the chips fall in a differsnt place from
where counsel v;ould like to have them fall when immunity is
granted to men. But this record shov/s indisputably that not
a single one of these men knev; they were going to be granted
immunity. Not a single one knev/.
They had hot been made a single promise j they had just
been brought in to this Court i;o testify and tell their story,
and then the granting of immunity v;an introducod at that time.
Of course it was done. They wore entitled to have it done.
. 1774
It would have iDeen very unfair to them to ask them to come in ]
to this Court and after the story they gave the investigat- j
^ng officers and say "All rj.ght, vou've got your foot in it ^
now and you're going to be tried. That isn't the Convening ;
Authority's belief of how a matter should be done and how it ;
should be handled fairly* And I know it is not this Court's
idea of fairness.
There doesn't sit among those accused a single man who |
wouldn't have been glad to have taken this v/itness stand ;
and got himself granted an immunity too. I
i
How can you arrive at a conclusion that just because 1
these men were granted immunity that that laeans they have lied )
about their testimony? 4
'i
Now if the Court please, counsel says some four of them '
lied because, he says, they said they hadn't talked to anyone :
about the case. It was so inescapable noticeable that v/hen
counsel argued he used the word "talked." When he was exam- ';
ining the boys though, he used the word "discuss." The mrord \
"discuss" mind you, and that word implies that you might tell |
certain things to you, and those boys said no, they hadn't 5
"discussed" it. \
'1
Counsel used that word "discussed" when he questioned them i
but despite that, the fact that he used the word "discussed" 5
before, with an entirely different implication to these boys, 1
-(men he argues this matter to the Court, he uses the word J
•'talked." Of course they had discussed in a sense - they had ]
''talked" to me, they had told me what they knewj but they hadn't v
gone around "discussing" the case and v/hat they knew. ^
Then along com.es Battle and he asks, "What do you mean by
that "discussed?" and then xihen it was determined what it meant
when the Tord "Discussed" was used, whether he had "talked" to
anyone, v/ell he said "Yes, I talked to him and he talked to me."
So that makes Battle a very truthful man and it makes all
of the others all alike.
Well, of course, he has been standing before this Court and
saying he won't even talk abc^ut Battle because he is just a
plain liar. I thought - perhaps - among that group - that he
would be willing to concede he found just one that was at
least half way truthful.
1775
I
Now counsel stands before this Court and tells this Court J
in effect that there v/as a deliberate destruction of a paper *
that had some names on it. When you make a statement of that :]
kind, you might just as well be frank enough to come right out •
in the open and say just what you mean. j
i
That can't be construed to mean but one thing, and that is ^
that the Inspector General and his assistants who made this |
Investigation, at the request and at the hands of the Chief of I
Transportation, have dishonorably destroyed papers in connect-
ion with this case and have sought to. change the facts in so
doing and that they have come into this Court seeking to
railroad some accused.
What an indictment I What a charge to make I And if this
Court for a moment - or any member of this Court - believes
that higher authority is seeking to conduct this case in that
way - then I say - make the most ot it. The very idea.
Counsel knows he found something he could use as a red
herring. When those initial notes are taken on matters - when
they are taken and as anyone knows - and ./hen a report is
presented in its final form, it is very seldom those original
no-tes are preserved. It is an unusual thing to do. And why
should there be any hesitancy about bringing that record in.
The record shows I never had it and never sav; it. I-t was
(taken by Colonel Williams long before I Y/as called in on this
case. He called Washington and made every effort possible to
have it available.
Now, to say that the authorities that handled this inves-
tigation - that the authorities who are responsible for con-
ducting the Army's affairs in an upright and an honorable
state have suddenly swung to the depths of dishonor and are
trying to railroad someone - is very serious, a very serious
charge indeed.
I feol though that there isn't a member of this Court
that does not agree with me readily that it is an unfounded
charge .
Well, counsel went through quite a struggle to try to
show that maybe Sergeant Parr didn't know just what he was
talking about. And Counsel for the first time makes himself
out something other than a lawyer. He suddenly goes through a
metamorphosis of becoming a doctor and he speculates, if it
please the Court, that Farr was suffering from shock. That's
his diagnosis.
And he says you wani reasons v/hy you shouldn't believe
what Parr spoke of - it was because he spoke of dilated nostrils I
Yes J and he spoke of the approach, the savage appearance as they
came into that orderly room to knife and club and to do
grievous bodily harm and there wasn't any doubt there was intent
to do murder v/ith the slashings and the cv.tting of two American
officers, if you please, cut in the groin. Yes, that's the
truth all right.
And who did it? Those spectators.
How he talks about dilated nostrils to the Court; asks the
Court to try and dilate Its nostrils. Why, I don't believe
there is a member in this Court who begin to reflect on his
face and in his system the viciousness and the malevolence
and the brutality and savagery that those men worked up in
1776
their hearts and in their minds on that occasion in question.
No, you wouldn't be able to dilate your nostrils without
the other to accompany it; without that determination to hurt,
to maim and to kill and I dare say that there isn't any member
of this Court that could with the deftness have done the
carving that was done on these human beings in that Italian
orderly room, either.
Why, the idea of talking to this Court about the fact that
the Court would be carrying something on its conscience the
rest of its lives. Why, that is just an indirect threat to this
Court. Fiiy this Court has sworn to perform a duty and no one
has a right to doubt that this Court is going to perform it
in a fair and honorable and Impartial manner and no one has
the right to doubt for a moment that this Court is not going
to do the right thing and whatever they do - we know they
will do it in a fair and courageous manner.
That's why this Court was picked and if you will pardon I'JJ
me for saying it - hand-picked. And that was because there j
was a determination to have men of fairness, honor and of
courage sitting on this court.
I
And now we find that suddenly, in this desparate effort j
to try to find something to try and get this Court to leave '^
the evidence and to tie itself to something else - we find
counsel makes a great big speech of Willie Montgomery.
Why the Court knows that under the evidence Willie
Montgomery couldn't have been a party to this riot. Willie
Montgomery was knocked out, under the evidence. I don't know
whether he v;as or v;asn't. But counsel wants us to believe
Luther Larkin, Counsel stands up here and says "I don't be-
lieve Montgomery i/as knocked out." But his own client, his
own accused, Luther Larkin, says he was in bad shape for a \
while and had to bo worked on; that he had to work on him and
give him. artificial respiration and a lot of other things.
Well now. Doctor Larkin, who has had a lot of first aid
experience probably is in a better position to pass on the
condition of Willio Montgomery, and determine what shape he vms
in, than counsel at this late time.
But let's just remember that there icn't any charge that
could have been filed against Willie Mori-^uomorj in connection
with this riot and remember also, if any c'.arges can be filed
against Willie Montgomery, let's remember that counsel and any
of the accused have got the right to file any charges any
time they v/ant to.
It ill behooves counsel to criticizo the Convening Auth-
ority who exercises jurisdiction over Willie Montgomery for
saying that Willio Montgomery is not a party of this proceeding.
I don't knov/ v;hat charges are contemplated against him.
1777
3
But the Inescapable fact remains that the riot charges and
the murder charge could not have been brought against hiim, and
•frhe Court knows he was not a party to thls| he v/as not one of
those that v/ent down into that area. He was in the hospital.
He wasn't one of those that started the Idea of going
down there and starting a riotous attack. He had himself a
personal altercation with the man. There's no way on earth
he could have been linked xrlth this proceeding.
Well, there is one thing that we can all remem^ber. These
men are here to have a fair trial. I am convinced they have
gotten it. I am convinced that no man con.ld evor truthfully
say that they have not gotten it.
I care not what the results of this proceeding may be,
but counsel cannot stand up to this Court and ask for his men
any different sort of a trial than any other American soldier
is entitled to and if you would convict any other American
soldier under the evidence in this case there is no reason
at all that exists vrhy yovi should not convict the American
soldiers seated over tliero. None whatever.
Talk all you v/ant to about its importance and the atten-
tion it .las received and all of that. That isn't the test.
Would you convict another American soldier on that evidence?
If you Y;ould, then all the flambuoyancy of everything else and
talk about its attention and importance it has received goes
out the windoY/. That alone is the test.
If you would convict another one. They can ask for no
more.
Counsel talked about these five witnesses that the
Convening Authority granted immunity to and has sought to
leave the inference with this Court that they just came along
and sought to implicate and incriminate some of those soldiers
that were overseas. That ju.&'t happens not to be a fact. I
am sure counsel didn't intend to mislead the Court, but if you
will check the evidence you v/111 find that every single one of
those men incriminated and implicated from three to six or
sevon men - each one of thQ:i did, mind you - v/ho v/ere in the
stockade and v/ho had remained behind, just as did these five
witnesses .
And the mere fact that these m.en, long prior to the
time that any investigation could have been made or completed,
in this matter, were sent overseas, is certainly no barrier
to their trial. And all this talk about their service overseas
was service that they had stibsequent to the time that this
riot occurred and prior to the time this investigation v;as
completed; when they could be brought over to face trial and
before the trial Y/as brought as a result of the completed
Investig.-tion.
You take Battle, v/ho he has talked about more than anyone
1778
else. If you will check Battle's testimony you will find six
and not eight or ten - you v/ill find six of those talked to
^-6 that were left behind here.
Well, I am not going to make an effort here - I don't
want to burden this Court with any attempt to ansv/er each of
the arguments that were presented by counsel. After all, I
know that the Court has followed this evidence carefully and
I have no doubt but what the Court is going to check its own
records and its own notes as against some of the arguments
that have been ^iiade here.
But i3ome of them are som.ewhat interesting and v/hile I am
not going to attempt to answer each one of them I do want to
tell the Court one or two things that were of particular inter-
est to me.
In the extreme effort to try to help some of these accused
v;ith the evidence as plain as it is against them, counsel did
speak for instance of such things as how he could vividly see
them with the blood streaming dovm their face. The Court
knov/s and the evidence is very plain as to Perata, because he
pointed out the eye from which the blood v;as coming from and
how he could see. The evidence is plain there was no obstruc-
on the floor hurt and bleeding. I knov; I couldn't.
Now that is the sort of identification counsel says is
no good. Well, counsel undertook to take the v/itness and he got
to talking about the mistake about Emanual Ford.
Well, I guess counsel thought it v/ould be a better thing
for him to get up and testify a while and so he took the stand
on their behalf. But I know and this Court knov/s that is not
evidence and I knov/ this Court knows how you get evidence into
the case and that is thrcii-^h putting the witness on the stand.
Counsel spoke of the Bcur.ber Bridge case and wants the
Court to read it. I am £1gc. he mentioned som.ething about that
case and when the Court reads it, I hope they v;ill read all
of it and not just a part of it. And v»hen the Court reads it
I want the Court to think of the difference in the situation
of Wise and the situation of these men that 7/ent do^^vn into the
Italian area.
You cannot say on behalf of a single one of these men that
he was just down there by accident. Just remember this| just
remember this. Several of the accused have taken the stand
and several of them have made unsworn statements. Mot a
single one of them who made the unsv;orn statements or v/ho took
the witness stand - not a single ono of thorn said they went
down there as a matter of ciu'iosity or tliat he ¥/ent dov/n there
just to see ¥/hat v/as going on. Not a one. They were not
down there that way.
1779
They went down there "because they wanted to participate
in the melee. They v/ent to the place whore, they had no right
to he. It wasn't like being on a public street and counsel
well knows the difference.
Most of the comments, of course, v/ere efforts to try to
gain some sympathy on behalf of some of these accused. To try
to gain a little mercy of some kind or some extension of
elemency or sympathy. I can't see it. I can't see any place
for it.
Who extended any sympathy to Sergeant Perata, cut up as
he Y;a3. Or Sergeant Farr. Or to those Italian boys. There
was the time to extend some sympathy; some consideration.
And v/ho extended any to poor old 01i^;otto, dragged as he
was to his death - within the shadov;s of the little chapel -
where he no doubt had many, many times raised his eyes
heavenward and spoke his prayers. No. I can't see it.
No one extended anyone in that Italian area that night -
be he Italian or v;hitQ American soldier - any sympathy. And
I can't see a proper place for it at this time in this pro-
ceeding.
Let me say to this Court, without prolonging this matter
any furtner, that it is not one of my duties to suggest to the
Court the sentences in this case. I do have the right to
tell the Court what I believe the facts in this case show and
the offenses of which the accused have been proven guilty,
and I stand before this Court mindful of my oath and I am
telling this Court that I have the very definite conviction
that the evidence is sufficient to convict each of the
accused of the respective offenses with which they stand
charged.
And I truthfully and sincerely say to the Court that the
Prosecution expects findinj^s to that effect. On the other hand
this Court is in better po;?ition to assess the sentences in
this case than am I and I am not going to suggest to this
Court what the sentences should be.
I am going to say to this court that before those sentences
are written, as I knov; this Court will d->, Z want the Court to
think in retrospect. I want the Court to think back over
what happened in that area that fateful night. I want the
Court to think about the malisciousness, the malevolence, the
visciousness and about the brutality that vjas exhibited.
That is what this Court has got the right to do. That is
what this Court will think about in affixing and determining
what the proper punisliment should be. This Court's duty is not
only of finding the accused innocent or guilty; that is one of
its functions. And a function it has equally as great as that
is that of writing approporiate sentences.
I leave this thought with this Court, with the feeling that
1780
that the Court \7lll do - as I have the firm conviction it has
the intention of doing - the fair and righteous thing.
I again thank this Court, not only for its attention today
but its very close attention, not only to the Prosecution
but to the Defense and all of us throughout the conduct of
this trial, and I do thank the Court for that.
Law Member" Have you anything further to offer?
Trial Judge Advocate: It has been stipulated betv/een the
Prosecution and the Defense that all exh.'oits not documentary
are being v/ithdrawn and pictures substituted therefor.
Defense; Yes, I agree to that stipulation! hov;ever, I
want the record to shov; that I am not in any way waiving any
objections that I have heretofore made to the admission of
those exhibits, Hov/ever, I am perfectly agreeable that the
pictures be substituted therefor.
Law Member- Subject to objection by any member of the
Court the stipulation will be received.
President ; Any objection? Appear to be none; ruling of the
Law Member is the ruling of tlie Court and the stipulation will
be received.
Lav; ivlember; All exhibits not docuraentary will be v^ithdravm
and pictures substituted therefor. Anything further?
Trial Judge Advocate: Prosecution has nothing further to of
fer .
Defense: Defense has nothing further, sir.
Law Member: It is desired that all articles over along
the 7/all, which have not been marked in evidence, be removed
from the courtroom. Colonel, I don't mean right at this
particular moment, but befc-?o v;e come back from dinner; v/o don't
v;ant anything in here that .Is not an exhibit.
Trial Judge Advocate* Tes sir.
Lav; Member: Kov; I wish tliat the Trial Judge Advocate and
the Defense counsel v;ould got together &: d check the exhibits
v;hich have been marked so that wo will have all those Y;hen we
start out doliberatlons tonight at 7 o'clock, or whenever we
start our deliberations.
President: The Court will now be closed and -immediately
take a recess to get rofreslament . For the record, the accused
and counsel will be required to bo present in the building, or
readily accessible to the building during the deliberations of
the Court in order that in tho event it becomes necessary to read
back testimony from the record that they will be available to
be brought into court quickly and not lose too much time. For
1781
that reason the Court desires that the accused be back here
at 7:30 and counsel are expected to be available to the Court
within five minutes at any time during the Court's closed
session.
All right. Court is closed.
FINDINGS
Court met in closed session and by secret written
ballot, two-thirds of the members present at the time
each vote was taken concurring in each finding of guilty,
finds each of the accused as follows:
Alston, Nelson L. T/5
Barber, Richard Pvt.
Basden, Willie C. Pvt.
Brown, John S. T/4
Buckner, Riloy L. T/5
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Campbell, Sylvester Pfc Of the Specification, Charge 1
^ Of Charge 1
Ceaser, Johnnie, Cpl. Of the Specification, Charge 1
Of Charse 1
Not Guiltj
Not Guilty
Guilty
Guilty
Not Guilts
Not Guiltj
Guilty
Guilty
Guilty
Guilty
Not Guiltj
Not Guilts
Guilty
Guilty
Chandler, James C, Jr. Pvt. Of the Specification, Charge 1 Guilty
Coverson, James T/5
Curry, Willie S. t/5
Dixon, Lee A t/5
Ellis, Russel L Cpl.
Ford, Emanuel M. Sgt.
Graham, Ernest S/Sgt»
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Of the Specification, Charge 1
Of Charge 1
Green, Jefferson D. Pvt. Of the Specification, Charge 1
Of Charge 1
Guilty
Not Guiltj
Not Guilty
Guilty
Guilty
Not Guiltj
Not Guilt;j
Guilty
Guilty
Not Guilty
Not Guilty
Not Guilt;
Not Guilt;
Guilty
Guilty
1782
Hamilton, John L, Pfc.
Hughes, Frank Pvt.
Hurks, Arthur J. Sgt.
Jackson, Walter Pvt.
Johnson, Herman T/5
Jones, William G. Pvt,
Jupiter, Henry T/5
Larkin, Luther Cpl.
Montgomery, Roy L. Pfc.
Moore, Loary M. Pvt.
Prevost, Willie Sr. T/5
!
Of the Specification, Charge
1
1
i
\
Guilty
Of Charge 1
Guilty
Of the Specification, Charge
1
Guilty
Of Charge 1
Guilty
Of the Specification, Charge
1
Guilty
Of Charge 1
Guilty
Of Specification, Charge II
Not Guilty
Of Charge II
Not Guilty
Of the Specification, Charge
I
Not Guilty
Of Charge 1
Not Guilty
Of the Specification, Charge
I
Not Guilty '
Of Charge 1
Not Guilty
Of the Specification, Charge
I
Guilty
Of Charge 1
Guilty
Of trie Specification, Charge
II
Guilty,
except the words "with mal;
Lee
afore- j
"and
ing i
thought," "deliverately, " and
Y/lth premeditation." subst:
Ltut
therefor the word "and" after
the
Y/ord "feloniously", of the
excepted \
words "Not Guilty" of the ;
3ubs
tituted
"Guilty" .
Of Charge II, Not Guilty, but Guilty 1
of violation of the 93rd Article of J
War.
j
Of the Specification, Charge
I
Not Guilty
Of Charge I
Not Guilty ,
1
Of the Specification, Charge
I
Guilty ']
Of Charge 1
Guilty
Of the Specification, Charge
II
Guilty,
except the v/ords "with malice
a fore - .;
thought," "deliberately," <
and
"and j
with premeditation," subst
itut
ing
therefore the v\rord "and" a
fter the
word "feloniously", of the
exc
septed
words "Not Guilty" of the
3Ub£
tituted
"Guilty".
'i
Of Charge II, Not Guilty, but Guilty
of violation of the 93rd Article of
War .
Of the Specification, Charge
I
Guilty 1
Of Charge I
Guilty i
Of the Specification, Charge
I
Guilty
Of Charge I
Guilty
Of the Specification, Charge
I
Guilty
Of Charge I
Guilty
1783
Sanders, Robert Pvt,
Shelton, Elva Pvt.
Simmons, Freddie L, T/S
Snow, Samuel Pvt.
Spencer, Nathaniel T T/5
Spencer, C. W. Sgt.
Stewart, Leslie T t/5
Stone, Arthur L T/5
Sutliff, Richard L. Pvt.
Thornton, Booker W. T/4
Tcwnsell, Booker Pvt.
Umblance, Freddie Pvt.
Walton, David T/5
Williams, Arthur Pfc.
Wooden, Wallace A. Pvt,
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Of the Specification,
Of Charge I
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Not Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
I
Guilty
Guilty
Charge
Guilty
Guilty
Charge
I
Not Guilty
Not Guilty
Charge
I
Guilty
Guilty
Charge
I
Not Guilty
Not Guilty
Charge
I
Guilty
Guilty
ROBERT BRANAND, Captain, J.A.G.D.
Ass't. Trial Judge Advocate
because of the absence of the
Trial Judge Advocate.
1784
Port Lawton Staging Area
Port Lawton, Washington
17 December 1944
The Court was opened at 5:45 o'clock p»m.> all of the
personnel of the Court, Prosecution, and Defense, who were
present at the close of the previous session in this case,
being present.
President; For the record I will state that the Court
closed from Open Session at 5:15 on December 16th, and re-
convened at 6:25 p.m., to go into Closed Session; that all
members of the Court were present when the Court reconvened
and recessed again at 11:15 p.m., December 16th.
It reconvened in Closed Session at 9:00 o'clock, a.m.,
December 17, 1944, and all of the members of the court were
present when it reconvened. \
)
It recessed again at 12:00 noon, and reconvened at j
1:15 p.m., December 17, 1944. All of the members of the 'j
court were present at the time the Court reconvened. Then
court was open at 5:45 p.m.
Trial Judge Advocate: Does the court wish to have a ^
roll call? I
President: I believe the roll call is in order;
that's right.
The roll of accused were called by the Assistant Trial
Judge Advocate and all accused were present before the court.
Tria?- Judge Advocate: Let the record show that each
of the accused are present, other than the accused and with
the only exception of the accused Roy Montgomery, that all
members of the court are present, and that the personnel
representing the accused as well as the personnel representing
the Prosecution are present.
The President announced that the following accused were
acquitted upon all specifications and charges:
t/5 Nelson L Alston
Pvt. Willie C Basden
Pfc Sylvester Campbell
T/5 James Cover son
T/5 Lee a Dixon
Sgt Emanuel M Ford
S/Sgt Ernest Graham.
Pvt Walter Jackson
t/5 Herman Johnson
t/5 Henry Jupiter
Sgt C W Spencer
Pvt Freddie Umblance
Pfc. Arthur Williams
1785
President: The court will hear any further evidence
that the Prosecution has to offer on reconvening tomorro?/
"norning .
Trial Judge Advocate" I assume the Court has reference
to evidence of previous convictions and data as to service.
President: Yes, evidence of previous convictions and
records of military service.
Defense: What time do we reconvene tomorrow morning?
President: At 9:00 o'clock. Court will recess until
9:00 o'clock tomorrov/ morning.
The court then at 5:00 o'clock p.m., on December 17,
1944, adjourned to meet again at 9:00 o'clock, a.m., the
following day.
ROBERT BRAHAND, Captain, J.A.G.D.
Ass't. Trial Judge Advocate
because of the absence of the
Trial Judge Advocate .
1786
Fort Lawton Staging Area
Port Lawton, Washington
18 December 1944
The court ruet, pursuant to adjournment, at 9:00
o'clock, a.m., all of the personnel of the court. Prosecu-
tion, anu Defense, who v/ore present at the close of the
previous session in this case, being present.
President: Prosecution ready to proceed?
Trial Judge Advocate: Prosecution is ready, sir.
President: Defense ready to proceed?
Defense: Defense is ready, sir.
President: Court will come to order.
The roll of accused v/as called by the Assistant Trial
Judge Advocate and all accused were present before the Court.
Assistant Trial Judge Advocate: Let the record show
that all members of the Cotu'-t are present, that the personnel
of the Defense and the Prosecution are present, and that all
of the accused, except the accused Roy L Montgomery who is
in the hospital and all of the accused heretofore acquitted,
are present.
President: Private Barber.
Accused Private Barber steps forv/ard before the Court.
President: Has the Prosecution any evidence of any
previous convictions to offer, and will the Prosecution read
the personal data from, the Charge Sheets as concerning Private
Barber .
Assistant Trial Judge Advocate: The Prosecution has no
further evidence to offer concerning Private Barber or any
evidence on any previous ooiiviotlons. The Prosecution will
read the personal data as concerning Richard H. Barber, Serial
No. 36945532, Private, Headquarters, Headquartors Detachment
No 2, Camp George Jordan, Seattle, Washington; formerly a mem-
ber of the 650th Port Company, Transportation Corps. Age
22 2/12. Pay, f)50 per month. Allotment to dependents, |27.00.
Class F deduction, Governmont Insurance r'e Auction ''■■6.60 per
month. As to service, prior service, non-. Current enlist-
ment: inducted 3 January 1944, to servo the duration of the
v/ar, plus six months.
President: Is that all you have?
Assistant Trial Judge Advocate: Is this statement correct?
Accused Barber: May I see it? (Perusing document.)
1787
Assistant Defense Counsels The statement is correct.
President: All right, Barher, that is all. T/4
Di'own, Jcbn S,
Accused 1/4 John S Brown steps forward before the
Court.
President" Has the Prosecution any evidence of
previous convictions to offer, and will the Prosecution
read the personal data from the Charge Sheet as concerns
Private T/4, John S Brovm?
Assistant Trial Judge Advocates The Prosecution has
no evidence of previous convictions to offer. And will
now read the personal data as concerning the accused Jolrin
S Brown. Name, Brovm, Jolm S. Number J-l-^lSSGoj technician
4th class. Headquarters, Headquarters Dotaclinient No 2,
Cairip George Jordan, Seattle, Washington. Formerly a member
of the 578th Port Company, Transportation Corps. Age,
22 and 7/l2. Pay $78.00 per month. Allotment to de-
pendents, f">22.00. Class P deduction. Government Insurance
deduction, $5.50 per month. Data as to Servico^, prior
service, none 5 current enlistment, inducted 16 December
1942, to serve duration of the war plus six months. Is
this statement correct?
Assistant Defense Counsels It is.
President: Was his grade a T/4 on the 14th of August?
The Accused: Yes, sir.
President: You are a t/4?
The Accused: Yes, sir.
President: Are these Cliax-'ge Sheets ^oing to be avail-
able to the Court at the Closed Session?
Assistant Trial Judge Advocate: They are available.
President: There is nothing to prevent our taking
them?
Trial Judge Advocate: No.
President: It will save us quite a lot of writing.
All right, that is all.
Assistant Trial Judge Advocate: There is one thing
that should be read into the record in the case of Richard
Barber. He was confined to the guard house, 19 October 1944,
Fort Lavrton.
1788
Presidents Is that correct, Barber?
The Accused" Ye^ sir.
Assistant Trial Judge Advocate- And in the case of
John S Brown, he was confined 9 September 1944. Is that
statement correct?
The Accuseds Yes, sir.
President: t/5 Riley L Buclmer.
Accused t/5 Riley L Buckner steps forward before the
Court.
Assistant Trial Jtidge Advocates The Prosecution has
no evidence of previous convictions to offer in the case of
Riley Buckner and will nov/ read the personal data as to
that accused. IJame of accuseds Buckner, Riley L.,
No. 3854/177; technician, 5th grade. Headquarters, Head-
quarters Detachinent No 2; Camp George Jordan, Seattle,
Washington. Formerly a member of the 650th Port Company,
Transportation Corps, Ages 25-5/12. Pay: $56.00 per
month. Allotted to dependents, $22.00. Class P. Govern-
ment Insurance deduction, $6.70 per month. Data as to
Service, prior service, nono, inducted 15 December 1943
at Houston, Texas, to serve the duration of the war, plus
six months. ¥.o information as to the confinement here
on this Charge Sheet. I will have to get that and bring
it to the Court or we can stipulate. A number of these
men were brought back later and it does not appear on the
sheet.
Assistant Defense Counsel: November the 2nd.
Trial Judge Advocates November 2nd.
Presidents If that is agreeable with the Prosecution
then the date will be entered in the Charge Sheet. Is that
statement correct?
The Accuseds Yes, sir.
Presidents Corporal Jolinnie Ceaser.
Accused Johnnie Ceaser steps forward before the Court.
Assistant Trial Judge Advocate: The Prosecution has
no evidence of previous convictions to offer, and will now
read- the personal data in the case of Private Johnnie Ceaser.
Presidents Is that Private Johnnie Ceaser?
Assistant Trial Judge Advocates Yes, sir| Private
Johnnie Ceaser.
President; He is shown in the Charge Sheet here as
a corporal.
. 1789
Assistant Defense Counsels Corporal,' his present
rate is Corporal,
Assistant Trial Judge Advocates Corporal Johnnie
^i^easer. Corporal is right, sir. And it is so named in
the Specification. We will have to change it on this
page. And that would he what pay?
Assistant Defense Coimsels $66.00.
Assistant Trial Judge Advocates Name of Accused,
Oeaser, Johnnie, Ilumbor 36792773, Corporal Headquarters,
and Headquarters Detachment No 2, Camp George Jordan,
Seattle, Washington, formerly a member of the 650th
Port Company, Transportation Corps. Age, 22 and 8/l2
months. Pay, |"66,00 per month. Allotment to dependents,
|22.00; Class F deduction. Government insurance deduction,
|6.50 per month. Data as to service, prior service, none,
current enlistment, inducted 30 August 1943, to serve the
duration of the war plus six months. Confined to the Post
Guard House, Fort Lawton, Seattle, Washington,, 25 August
1944. Is that statement correct?
The accuseds Yes, sir.
Presidents V/hat v/as your grade on the 14th of August?
The Accuseds Corporal, sir*
Presidents Private James C Chandler, Jr.
Accused Private James C Chandler, Jr., steps forv/ard
before the Court.
Presidents Has the Prosecution any evidence of any i
previous convictions to offer and will you read the per-
sonal data as relates to the accused. Private James Chand-
ler?
Assistant Trial Judge Advocate: The Prosecution has
no evidence of any previous convictions to offer and v/ill
now read the personal data as to the accused, James Chandler. i
Name of Accused, Chandler, James C. Jr. Number 37731142.
Private. Headquarters, Headquarters Detaolir,ient No. 2, Camp
Jordan, Seattle, Washington, formerly a meraber of the 650th
Port Company, Transportation Corps. Age 20 and ll/l2 months.
Pay $50.00 per month. Allotment to dependents, $27.00
per month. Class P deduction, government insurance deduc-
tion, $5.50 per month. Data as to service, prior service,
nono, current enlistment, inducted 15 January 1944 to serve
duration of ¥/ar plus six months. Confined to Post Guard
House, Fort Lav;ton Staging Area, Fort Lawton, Washington
Seattle, Vifashlngton, 23 August 1944.
Is that statement correct?
1790
The Accused: The statement is correct, sir.
Presidents That is all, Chandler. T/5 Willie S
jurry.
Accused T/5 Willie S Curry steps forY/ard before the
Durt.
Presidents Will the Prosecution read the evidence
of any previous convictions, if any, and the personal
daca relating to the accused, T/5 Willie S Curry?
Assistant Trial Judge Advocate; The Prosecution has
no evidence of any previous convictions and will now read
the personal data as to the Accused, Willie S Curry.
Name of Accused, Curry, Willie S. Numher 18209465,
technician, 5th grade; Headquarters, Headquarters Detach-
ment No 2, Camp George Jordan, Seattle, Washington, for-
merly a member of the 651st Port Company, Transportation
Corps. Age, 20 and 2/l2 months, pay, |66.00 per month.
Allotment to dependents, 027,00 per month. Class P deduc-
tion. Government insurance, $6.45 per month. Data as to
Service, prior service, none; current enlistment enlisted
9 November 1942, to serve the duration of the war
plus six months. Confined to the Post Guard House,
Fort Lawton Staging Area, Port Lav/ton, Seattle, Washing-
ton, on the 23rd of Ai.igust 1944. Is that statement correct?
The Accused; Yes, sir.
Assistant Defense Counsel: The statement is correct.
Major MacLennan: What v;as the age. Captain?
Assistant Trial Judge Advocate: 20 and 2/l2 months.
President: Private First Class, or. Corporal Russel L
Ellis.
Accused Russel L Ell?.a eteps forward before the Court.
Assistant Trial Judge Advocate: This is one that
has been changed since he v-cs overseas. The Prosecution
has no evidence of previous convictions i..' offer in the
case of Hussel L Ellis and will now read the personal data
as relating to that accused. Name of accixsed, Ellis, Russel
L, No 38395054. Private, First Class, Headquarters, and
Headquarters Detachment No 2, Camp George Jordan, Seattle,
Washington, Was formerly a member of the 650th Port Com-
pany, Transportation Corps. Age: 32 and 8/l2 m.onths. Pay
|66.00 per month. Allotment to dependents |27.00 per month.
Class F deductions. Government Insurance deduction si>7,10
per month. Data as to service, prior service, none, in-
ducted 31 December 1942 at Oklahoma City, Oklahoma to
serve duration of the war plus six months. I do not have
the data as to the restraint of the accu.sed.
1791
Assistant Defense Countiels Date of restraing was
November 2ndj otherv/lse, the statement is correct.
Presidents Your present grade is Corporal?
The Accused; Yes, sir.
President; And that is your rating at the present
time?
The Accused: Yes, sir.
President : ^/IHaat is your rate of pay?
The Accused: ^66.00.
President: When v/ere you made a corporal?
The Accused: I v/as made a corporal about two v/eeks
before I came back to the States.
President: Will you put that on the data sheet. His
grade, and rate of pay at the present time.
Law Member |66.00?
Assistant Trial Judge Advocate: $66.00; that is
correct. I see nov/ that it was crossed over and Corporal
put in here. It does not give the date.
President: Otherwise that is correct?
The Accused: Yes, sir.
President: Private Jefferson D Green.
Accused Jefferson D Green steps forv/ard before the
Court. Assistant Trial Juc* -e Advocate: The Prosecution has
evidence of other previoiis convictions to offer.
V/hereupon the record of previous conviction was
read to the Court by the Assistant Trial Judge Advocate.
President: Private Green, is that sii.tement correct?
The Accused: Yes, it is.
Assistant Trial Judge Advocate: The Prosecution now
offers in evidence this evidence of one previous conviction
that was read.
Law Member: The record of previous conviction will
be received in Evidence as Prosecution Exhibit No 47.
The record of previous conviction above referred to
1792
waa marked Prosecution Exhibit No 47 and rocoived in
evidence.
Assistant Trial Judge Advocate: The Prosecution
will now read into the record the personal data relating
to the accused Jefferson Green. Name of accuned,
Jreen, Jefferson D., Ho 30252238, Private. Headcraarters,
and Headquarters Detachment IJo 2, Camp Jordan, Port
Lawton, Seattle, Washington. Formerly a member of the
650th Port Company, Transport'ition Corps. Age: 27-10/l2.
Pay, $50.00 per month. Allotment to dependents, 022,00
per month. Class P Deduction. Government Insurahoe
deduction $6,80 per month. Data as to service, prior
service, none, current enlistment, inducted 1 October
1942 to serve the duration of the Y/ar plui: six months.
Confinement at the Post Guard House, Fort Lawton Staging
Area, Fort Lawton, Seattle, Washington, 2::' August 1944.
Is that statement correct?
Assistant Defense Counsel: The statement is
correct.
President" Private First Class John L Hamilton,
Accused Private First Class John L Hamilton steps
forward before the Coiirt.
Assistant Trial Judge Advocate: Prosecution has no .,
evidence of previous convictions to offer and will now ''■
read the personal data in the case of the Accused John L
Hamilton.
Name of accused, Hamilton, John L,, Ho 38547943.
Private First Class, Headquarters, and Headquarters De- s
tacliment No 2, Camp George Jordan, Seattle, Washington. 1
Formerly a member of the 650th Port Company, Transporta- '
tion Corps. Age 19-l/l2. Pay, |54.00 per month. Allot-
ment to dependents, $22,00 per month; Class P deduction.
Government Insurance ded\iction $6,40 per month. Data as
to service, prior service no le, current enlistment, in-
ducted 14 January 1944 to £-erve the duration of the war
plus six months. Confined to Post Guard House, Fort
Lawton Staging Area, Fort ''.twton, Seattle, Washington,
23 August 1944. Is tliat statement correct?
The Accused: Yes, sir.
Assistant Defense Counsel: The statement is correct.
President: Private Frank Hughes.
Accused Frank Hughes steps forward before the Court. ]
Assistant Trial Judge Advocate: Prosecution has
no evidence of any previous convictions and at this
time will now read the personal data concerning the
accused Frank Hughes. Name of accused, Hughes, Prank,
1793
Private, No. 3855856o. Headquarters, and Headquarters
Detachment No 2, Camp George Jordan, Seattle, Yifashington,
^^'ormerly a member of the 650th Poi^t Company, Transporta-
tion Corps. Age 50-11/12. Page $50.00 per month,
allotment to dependents sp22.00 per month. Class F
deduction. Government insurance, deduction $7 .10
per month. Data as to service, prior service, none,
current enlistment, inducted 9 November 1943 to serve
the duration of the v/ar, plus six months. Confined
Post Guard House, Fort Lavfton Staging Area, Fort Lawton,
Seattle, Washington, 19 Octohor 1944. Is that statement
correct?
The Accused" Yes, sir.
Law Member: What is his age again?
Assistant Trial Judge Advocate: Thirty, and
11/12.
President: Sergeant Arthur J Hurks.
Accused Sergeant Arthur J Hurks steps forv/ard before
the Court.
Assistant Trial Judge Advocate: The Prosecution
has no evidence of previous convictions to offer in the
case of Arthur J Hurks and v/ill now read the personal
data concerning the accused Hurks. Name of accused,
Hurks, Arthur J., No 38547446, Sergeant. Headquarters
and Headquarters Detachment No 2, Camp George Jordan,
Seattle, Washington. Formerly a member of the 650th
Port Company, Transportation Corps. Age 22-10/l2.
Pay |78.00 per month. Allotment to dependents, $2 2.00
per month. Class P Deductions. Government Insurance
Deduction $6.60 per month. Data as to service, prior
service, nonej current enlictiient, inducted 28 December
1943 to serve the duration of the war plus six months.
Confined Post Guard House, l''ort Lawton Staging Area,
Port Lawton, Seattle, Washington, on 22 October 1944.
Is that statement correct?
Assistant Defense Counsel: The statement is correct.
President: Private William G Jones.
Accused Private William G Jones steps forward before
the Court.
Assistant Trial Judge Advocate: The Prosecution
has no evidence of previous convictions to offer in the
case of Private William Jones, and v/ill nov/ read the per-
sonal data as to the accused. Name of accused, Jones,
William G, Number 36945784, Private. Headquarters, and
Headquarters Detachment No 2, Camp George Jordan, Seattle,
Washington. Formerly a member of the 650th Port Company.
Age 21, and 0/l2. Pay, |50,00 per month. Allotment to
dependents none. Government Insurance deduction ^6.50
per month. Data as to service, prior service, none. Cur-
1794
rent enlistmeut, inducted 10 January 1944, to serve dura- |
tion bf the war, plus six months. Confined Post Guard j
House, Port Lawton Staging area. Port Lawton, Seattle, \
"■■Dashing ton, 23 August 1944. la that statement correct? \
Assistant Defense Coiuisel: 28th of Octoher, he
was twenty yearii old. October 28, 1924 is the date of
birth.
The ^.ccusod: No, sir. Tho age is twenty. \
President J What does the charge sheet shov;? 1
i
Assistant Trial Judge Advocate: tv/enty-one. ■]
i
i
Assistant Trial Judge Advocate- The Prosecution has j
no objection to amending the charge sheet. j
President: All right. It will be so ay.ended.
In all other particulars the statement is correct?
Assistant Defense Counsels Yes, sir.
i
President:; Corporal Luther Larkin. J
Accused Luther Larkin steps forward before the Court. J
Assistant Trial Judge Advocate: Tb.e Prosecution has 1
no evidence of previo^is convictions to offer in the case of i
Luther Larkin and v/ill now read the personal data relating ■]
to the accused. Name of acc\ised, Larkin, Luther L. ^
No 38295182, Corporal* Headquarters, and Headquarters 1
Detachment No 2, Camp George Jordan, Seattle, VJashington. |
Formerly a member of the 650th Port Company, Transportation
Corps, "^i'.ge 23-4/12 months. Pay: |66.00 a month. Allot- |
ment to dependents $22,00 per month. Class P deductions. j
Government Insurance (6,55 per month. Data as to service,
prior service none. Current enlistment, inducted 26 October ^
1942 to serve duration o •" b>e war plus six months. Con- 'i
fined Post Guard Ilouce, i-r> 't Lawton Staging Area, Port S
Lav/ton, Seattle, VJashlngtc-a;, ?.9 October 1944. Is that j
statement correct? i
i
The Accused: lea, sir. i
President: Novv, wo have private Fir.'t Class Roy L
Montgomery, next. ^
Law Member: Major Beeks? \
I
Defense: Yes, sir. |
Law Member: Do you wish I.iontgomery brought into ;|
court? I
Defen:e: May it please the Court, I think it would be ]
most inadvisable' to bring Montgomery before this Court at
this time because as I ixnderstand he is very seriously ill
1795
J
v/lth pneumonia and I think it would be inhuinanitarian,
to bring him over here.
Lav; Member; You say he Is suffering with pneumonia?
Defense" I am advised he is seriously ill with
pneimionia.
Law Member: Well, it seems to me then also for
hxHuanitarian reasons, the oourt should not go to the
hospital while the record of previous convictions or
the previous data is read. Have you checked Montgomery's
data?
Defense: I understand, if the Court please, there
are no previous convictions, and I have seen his personal
data and I am reasonably satisfied as to 3ts accuracy.
Law Member: Do jon consent that that shall be
read to che Court at this time?
Defense: Yes, I so consent.
Law Member: Subject to objection by any member of
the Court, Montgomery will not be brought into Court for
the purpose of being present v/hile this is read, nor,
will the court visit the hospital, but with the consent
of the accused's counsel, the record of the accused as
to peESonal data v/ill be read to the court.
President: Any objections. Appear to be none; the
decision of the Lav/ Member will be the ruling of the
Court.
Assistant Trial Judge Advocate: The Prosecution has
no evidence of any previous convictions to offer and will
noYT read the personal d^ta relating to the accused. Name
of accused, Montgomery, Roy T-, No 36897259, Private First
Class. Headquarters and Headquarters Detachment No. 2,
Camp George Jordan, Seattle, Vvashington. Formerly a
member of the 651st Port Co'"">any, Transportation Corps'.
Age 23-5/12 months. Pay: ,','54.00 per month. Allotment
to dependents, none. G-ovorument insurance deduction
$6,60 per month. Data as to service, pr-" or service, none.
Current enlistment, inducted 10 January 191-4 to serve
duration of the v/ar plus six months. Confined to Post
Guard House, Fort Lawton St'iglng Area, Fort Lawton, Wash-
ington, Seattle, Washington 23 August 1944. Is that
statement correct. Major Seeks?
Defense: I am reasonably satisfied as to its
accuracy, if the Court please.
President: Private Loary M Moore.
Accused Private Loary M Moore steps forv;ard before
the Court.
Assistant Trial Judge Advocate: The Prosecution
T-'QA
p^
has evidence of one previous conviction in the case of
Loary M Moore*
Whereupon the record of previous conviction was
read to the Court by the Assistant Trial Judge Advocate.
Law Member: Will you give me again the date of the
first offense?
Assistant Trial Judge Advocates Date of the first
offense 26 November 1943i Date of second offense
was 20 December 1943.
President: Do you want to put that into evidence?
Assistant Trial Judge Advocate: Yes. The Prosecu-
tion offers the record of one previous conviction in the i
case Loary M Moore in evidence as Exhibit No 48. i
Law Member: It will be received as Prosecution
Exhibit No 48. j
The record of previous conviction above referred to \
was marked and received in evidence as Prosecution Exhibit
No. 48.
i
Assistant Trial Judge Advocates The Prosecution j
will nov; read the personal data as to the accused, Loary
Moore. Name of accused, Moore, Loary M, No 38557512,
Private. Headquarters and Headquarters .Detachment No 2,
Camp George Jordan, Seattle, Washington. He was formerly
a member of the 650th Port Company, Transportation Corps.
Age: 23 years and 10/l2. Pay: |50.00 per month. Allot-
ment to dependents, $22,00 per month. Class F. Govern-
ment Insurance Deduction t6»60 per month. Data as to
service, prior service, none. Current enlistment,
inducted 15 October 1943, at Port Sam Houston, Texas to
serve duration of the war eltis six months. Prosecution
does not have the data as ro straining this accused.
Assistant Defense Cox-:isoi. : Data as to restraint,
November 2. All other part'.culars in the statement are
correct.
Assistant Trial Jiidge Advocate: ConrinQd 2 November
1944, Port Guard House, Port Lawton Staging Area, Port
Lawton, Seattle, T/Vashington. Is that statement correct?
The Accused: Yes, sir.
President: That is all, T/S Willie Prevost, Sr,
Accused T/5 Willie Prevost, Sr., steps forward be-
fore the Court.
Assistant Trial Judge Advocate: Prosecution has no
evidence of previous convictions to offer in the caso of
1797
Willie Prevost, and will now read the personal data
as to the accused, Willie Prevost. Name accused,
Prevost, Willie, Sr., ITo 38547289, technician 5th
grade. Headquarters, Headquarters Detacliinent No 2,
Camp George Jordan, Seattle, Washington. Formerly a
member of the 650th Port Company, Transportation Corps,
age: 27 2/l2. Pay $66.00 per month* Allotment to
dependents, $22.00 per month. Class P deduction.
Government Insurance deduction |6.80 per month. Data
as to service, prior service, none. Current enlist-
ment, inducted 20 December 1943, to serve the duration
of the war plus six months. Confined Post Guard Plouse
Fort Lav;ton staging Area, Port Lawton, Seattle, Washington,
23 August 1944. Is that statement correct?
The ;*ccuseds Yes, sir.
President- Private Robert Sanders.
The Accused Private Robert Sanders steps forv/ard |
before the Court.
Assistant Trial Judge Advocate: The Prosecution
has no evidence of previous conviction to offer in the
case of Robert Sanders and v/ill now read the personal
data as to the accused. Narae of accused, Sanders,
Robert, Private. No 36789334. Headquartora and Head-
quarters Detachment No 2, Camp George Jordan, Seattle,
Washington. Formerly a member of the 650th Port Com-
pany, Transportation Corps. Age 21-9/12. Pay C'SO.OO
per month, allotment to dependents $22.00 per month.
Government insurance deduction $6.50 per month. Data
as to service, prior service, none. Current enlist-
ment, induction 27 November 1943, to serve duration of the
war plus six months. Confined to Post Guard House,
Fort Lawton Staging Area, Fort Lawton, Seattle, Washington
19 October 1944*^^ Is that statement correct? |
i
The Accused: Yes, sir. j
President: T:iat is all. T/5 Freddie L Slraraons. j
Accused Freddie L Simmons steps forward before the
Court.
Assistant Trial Judge Advocate" Prosecution has
no evidence of previous conviction to offer in the case
of Freddie Simmons and v/ill now read the personal data
as to the accused. Name of accused, Simmons, Freddie L,
No 38557737, technician, 5th grade. Headquarters and
Headquarters Detachment No 2, Camp George Jordan, Seattle,
Washington. Formerly a member of the 650th Port Company,
Transportation Corps. Age: 35 and 2/l2 months. Pay,
$66.00 per month. Allotment to Dependents, Class F de-
duction, $22.00 per month; Class E allotment, f;25.00 per
month. Government Insurance deduction C'7.50 per month.
Data as to service, prior service, nono. Inducted
1798
19 October 1943 at Fort Sam Houston, Texas to serve dura-
tion of the war plus six months. Prosecution does not have the
data as to the restraint of the accused. Was it 2 November 1944?
Otherwise, that statement is correct? j
Assistant Defense Counsel: Yes, The statement is
correct.
President: That is all. Private Elva Shelton.
Accused Private Elva Shelton steps forT,'iard before
the Court,
Assistant Trial Judge Advocate: Prosecution has no
evidence of previous conviction to offer and v/ill nov; read
the personal data as to the accused. Private Elva Shelton.
Name of accused, Shelton, Elva. No 37615747. Private.
Headquarters, and Headquarters Detachment No 2, Camp George ^
Jordan, Seattle, Washington. Formerly a member of the
650th Port Company, Transportation Corps. Age 20-4/12
months. Pay $50.00 per month. Allotment to dependents,
$22.00 per month. Class P deduction. Government Insurance
deduction ^6.50 per month. Data as to service, prior
service, none. Current enlistment, inducted 5 February
1944 to serve duration of the war plus six months. Confined
Post Guard House, Fort Lawton Staging Area, Fort Lav/ton,
Seattle, Washington, 23 August 1944. Is that statement
correct? 1
Assistant Defense Counsel: What was the day as to
induction?
Assistant Trial Judge Advocate: Inducted 5 February ;!
1944. i
Assistant Defense Counsel; There seems to be a dis-
crepancy as to the date there.
Assistant Trial Judge Ac''vocate» There appears to be I
some objection by the acci.xeod to the personal data as '.Jj
read. Captain Noyd, the Assistant Counsel said he ?/ill j
check hie record and advise the Court. I
President: We will proceed to hear other data and
call Private Shelton back again. All right. Private
Shelton, that is all for now.
Private Samuel Snov/.
Accused Private Samuel Snov; steps forward before the
Court.
Assistant Trial Judge Advocate: Prosecution has no
evidence of previous convictions in the case of Samuel
Snov; and v/ill nov; read the personal data relating to the
accused. Name of accused, Snov;, Samuel, No 34245919,
Private. Headquarters, and Headquarters Detachment No 2,
Camp George Jordan, Seattle, Washington. Formerly a member
of the 650th Port Company, Transportation Corps. Age,
19 and 0/l2 months* Pay, ^^50,00 per month* Allotment
to dependents, $22.00 per month, Class P deduction.
Government insurance deduction, $6.50 per month. Data
as to service, prior service, none. Current enlistment,
inducted 2 May 1944, to serve duration of the v;ar plus
six months. Confined Post Guard House, li'ort Lawton Staging
Area, Fort Lawton, Seattle, Washington, 7 September 1944.
The Accused: Yes, sir»
Assistant Defense Counsel: Yes, sirj that is correct,
sir.
President: That is all. T/5 Nathaniel T Spencer.
The Accused, Nathaniel T Spencer, steps forvmrd bo-
fore the Court.
Assistant Trial Judge Advocate: The Prosecution has
no evidp ice of previous convictions to offer and will nov/
read the personal data as to the accused. ITame of accused,
Spencer, Nathaniel T, No 38210534, teclmician 5th grade.
Headquarters, and Eeadq-aarters Detachment No 2, Camp George
Jordan, Saaotle, Washington. Formerly a member of the 650th
Port Company., Transportation Corps. Age: 33 and 9/l2.
Fay, ^66,00 iper month. Allotment to dependents. Class P
deduction, ^27, 00 a month; Class E deduction, C;30.00 per
month; government insurance deduction 17.40 per month. Data
as to service, prior service, none. Inducted 13 January
1944 at Detroit, Michigan to serve duration of the War plus
six months. Prosecution does not have the data as to the
restraint of the accused and therefore asks the accused if
it was 2 November 1944?
The Accused: Yes, sir.
President: That is all. t/5 Leslie T Stewart.
Accused t/5 Leslie T Lte-.-art steps forv/ard before the
Court.
Assistant Tria:' Judp:e Advocate: The Prosecution has
no evidence of any previous conviction o.'.' ox'fer, and v/ill
now read the personal data relating to this accused. Name
of accused, Stewart, Leslie T, No 38561223. Teclmician,
5th grade. Hoad(-j%arters and Tieadquartorp Detaciiment No 2,
Camp George Jordan, Seattle, Vi^ashington. Formerly a member
of the 650th Port Companv, Transportation Corps. Age, 18
and ll/l2 months. Pay, |66.00 per month. Allotment to
dependents $22.00 per month; Class P deduction. Govern-
ment insurance |6.40 per month. Data as to service, prior
service, none. Current enlistment, inducted 3 January 1944,
to serve duration of the war plus six months. Confined
Post Guard House, Fort Lav/ton Staging Area, Fort Lav/ton,
Seattle, Washington, 23 August 1944. Is that stater.ient
correct?
1800
The Accused: No, sir. '^
Defense: He says he is ninetoen years of age.
Assistant Trial Judge Advocate: The Prosecution
has no objection to amending it*
Defense: He v/as 19 on the 27th of Iiovember.
President: Change it to 19. We have no objection.
Defense: It would 19 and 0/l2. Is that right?
The Accused: Yes, sir* 1
President: That is all. T/5 Arthur L Stone.
Accused T/5 Arthur L Stone steps forv/ard before the
Court.
Assistant Trial Judge Advocate: The Prosecution has
evidence of one previous conviction to offer.
Whereupon the record of previous conviction v;as read
to the Court by the Assistant Trial Judge Advocate.
President: Is tViat right?
The Accused: Tliat is correct.
Assistant Trial Judge Advocate: The Prosecution offers
that record as Prosecution Exhibit 49.
Lav/ Member: It will be received in evidence as Prose-
cution Exhibit 49.
The record of provious conviction above referred to
v/as marked and received in evidence as Prosecution Exhibit
49.
Assistant Trial Judge xuHocate: The Prosecution v/ill
now read the personal data as to the accused. ITame of
accused. Stone, Arthur L., Tumber 36888714, technician,
5th grade. Headquarters, and Headquarter." Detachment No 2,
Camp George Jordan, Seattle, Washington, tormorly a member :i
of the 650th Port Company Transportation Corps. Age 24-4/12 I
months. Pay, $66.00 per month. Allotment to dependents, I
$22.00 per months. Class P deductions. r:overnjfont insurance
deduction $6.60 per month. Data as to service, prior ser-
vice, none. Inducted at Detroit, Michigan, 6 November 1943,
to serve duration of the v;ar, plus six months. Prosecution
does not have the datr. as to restraint of the accused and
asks the accused if it v/as 2 November 1944?
Defense: That is right.
President: That is all.
1801
Assistant Trial Judge Advocate: Is that statement
other v/ise correct?
President: Is that statement correct?
The Accused: I don't knov;, sir. I did not hoar it
all.
Defense: What part didn't you hear?
(Whispered discussion)
Well, he says ho didn't hoar it all after the record
was read. Well, what is the part you didn't hoar? You
might read it back.
Assistant Trial Judge Advocate: Name of accused.
Stone, Arthur L,, Humbor 36888714, technician, 5th grade.
President: Is that part correct?
The /iccused: Yes, sir.
Assistant Trial Judge Advocate: Headquarters, and
Headquarters Dota ohiaont No 2, Camp George Jordan, Seattle,
Washington, formerly a member of the 650th Port Company,
Transportation Corps.
President: Is that correct?
Law Member: You can talk louder than that, though.
Captain, v/ill you speak up, please.
Assistant Trial Judge Advocate: Age: 24 and 4/l2.
President: Is that correct?
The Accused: Yes, sir.
Assistant Trial Judge Advocate : Pay, |;66,00 per month.
President: Is tliat correct?
The Accused" Yes, sir.
Assistant Trial Judge Advocate: Allotnent to dependents,
$22,00 per month. Glass P deduction.
President: Is that right?
The Accused: Yes, sir.
Assistant Trial Judge Advocate: Government insurance
deduction, $6.60 per month.
President: Is that right?
1802
The Accused: Yes, sir. |
Assistant Trial Judge Advocate: Data as to service, }
prior service, none* Inducted at Detroit, Michigan, |
6 November 1943, to serve duration of the war plus six
months.
President: Is that right? \
i
The Accused: That is right, sir. 1
Defense: Well, it is all correct, then? I
The Accused: I guess so; yes, sir. .'
President: All right. Private Richard L Sutliff. 1
Accused Richard L Sutliff steps forward "before the j
Court. J
Assistant Trial Judge Advocate: Prosecution has no
evidence of previous conviction to offer in the case of - ;
Richard L Sutliff and will now read the personal data |
relating to the accused, llame of accused, Sutliff, Richard |
L. No 38545834, Private. Headquarters, and Headquarters J
Detachment No 2, Camp George Jordan, Seattle, Washington. ]
Formerly a member of the 650th Port Company, Transporta- |
tion Corps. Age 24-l/l2 months. Pay $50.00 a month. j
Allotment to dependents, $27.00, Class F Deduction.
Government insurance deduction f)6.60 per month. Data as
to service, prior service, none. Current enlistment,
inducted 16 November 1943 to serve duration of the war,
plus six months. Confined Post Guard House, Port Lawton
Staging Area, Port Lawton, Seattle, Washington, 25 August
1944. Is that statement correct?
The Accused: Correct.
President: That is all. T/4 Booker W Thornton.
Accused T/4 Booker W Thornton steps forv/ard before
the Court.
Assistant Trial Judge Advocate: Prosecution has no
evidence of previous convictions to offc, ancl at this
time will read the data relating to the r.ccised. Name
of accused, Thornton, Booker W, No 36789533, tecimician,
4th grade. Headquarters and Headquarters Detacliment,
Camp George Jordan, Seattle, Washington. Formerly a member
of the 650th Port Company, Transportation Corps. Age 36
and 7/12 months. Pay, $78 per month. Allotment to de-
pendents, $22.00 per month. Class P deduction, government
insurance deduction, |7.70 per month. Data as t© service,
prior service, none. Inducted 4 December 1943, Chicago,
Illinois, to serve duration of the war plus six months.
Prosecution does not have the data as to the restraint of
1803
^
the accused and asks that the accused state if it v/as
2 November 1944?
The Accused; Yes, sir; that's right.
Assistant Trial Judge Advocate » Is tho statement
otherwise correct?
The Accuseds Yes, sir.
President: That is all. Private Booker Townsell.
Accused Booker Townsell steps foi^ard "before the Court.
Assistant Trial Judge Advocate: The Prosecution has
no evidence of previous conviction to offer in the case of
Booker Townsell and will now read the personal data
relating to the accused, iJame of accused, Townsell, Booker,
No 36836812, Private, Headquarters and Headquarters
Detachment No 2, Camp George Jordan, Seattle, Y/ashington,
Formerly a member of the 650th Port Company, Transportation
dorps. Age 29 and 8/l2 months. Pay, $50 per month.
Allotment to dependents, $22.00 per month. Class F deduc-
tion. Government insurance deduction, $7.00 per month.
Data as to service, prior service, none. Current enlist-
ment, inducted 30 October 1943, to serve duration of the
war, plus six months. Confined Post Guard House, Port
Lawton Staging Area, Port Lawton, Seattle, Washington,
23 August 1944, Is that statement correct?
The Accused: Yes, sir.
President: That is all, T/5 David Walton.
Accused T/5 David Walton steps forward before the
Court,
Assistant Trial Judge Advocate: The Prosecution has
no evidence of previous conviction to offer and will nov/ read the
personal data relatin^j to accused. Name of accused, Walton,
David, No 36789244, technician 5th grade. Headquarters and
Headquarters Detachment No 2, Camp George Jordan, Seattle,
Washington; formerly a momber of the 650th Port Company,
Transportation Corps, Age 34 and 7/l2 months. Pay, $66.00
per month. Allotment to dependents |27,00 per month, class
F deduction. Government Insurance, $7.50 a month. Data
as to service, prior service, none. Current enlistment,
inducted 26 November 1943 to serve duration of the war plus
six months. Confined Post Guard House, Fort Lawton Staging
Area, Fort Lawton, Seattle, Washington 19 October 1944. Is
that statement correct?
The Accused: Yes, sir.
President: That is all. Private Wallace Wooden.
Accused Wallace Wooden steps forward before the Court.
1804
HP
1
A
i
Assistant Trial Judge Advocate: The Prosecution has no "i
evidence of previous convictions and will now read the \
personal data relating to the accused. |
Name of accused, Wallace A Wooden, IIo 36789652, " ^
Private. Headquarters and Headquarters DetacJunent ITo 2,
Camp George Jordan, Seattle, Vlfashington. For.nerly a member
of the 650th Port Company, Transportation Corps, Age
56 and l/l2 months. Pay |i50,00 per month. Allotment to
dependents, $22 .00 per month, Class F ded-iction. Govern-
ment insurance deduction ^p7.60 per month. Data as to ser-
vice, prior service none. Current enlistment, inducted
9 December 1943, to serve duration of the Y/ar plus six
months. Confined Post Guard House, Port Lawton Staging
Area, Fort Lawton, Seattle, Washington, 23 August 1944. i
Is that statement correct?
The Accused: Yes, sir.
President: That is all. We will havy a short
recess.
At this point a short recess was taken after v/hich ,^
proceedings were resumed, as follo7;s: '^
President.' Court will come to order. Private J
Elva Shelton. J
Accused Elva Shelton steps forward before the Court. i
Assistant Trial Judge Advocate: The Prosecution will 1
read the personal data as to the accused Elva Shelton. |
Name of accused, Shelton, Elvaj number 37515747, Private. *
Headquarters and Headquarters Detachment No 2, Camp George
Jordan, Seattle, Washington. Formerly a member of the 650th
Port Company, Transportation Corps, Age: 20 and 4/l2 months.
Pay, $50 per month. Allotment to dependents, ^22.00 per i
month. Class P deduction. Government Insurance Deduction, !
$6,50 per month. Data as to service, prior service, none. j
Current enlistment, inducted 15 January 1944 to serve dura- ]
tion of the war plus six montlis. Confined Post Guard House |
Fort Lawton Staging Area, Fort Lawton, Seattle, Washington,
23 August 1944, Is that statement correct?
The Accused: No, sir.
Law Member: 1/Vhat about it is not correct?
Defense: Wherein is it vrrong?
The Accused: It is wrong where it says "no previous
service." I v/as inducted last year on the 19th of May
1943.
Defense: i/ifiaere were you inducted on the 19th of
May, 1943?
1805
The Accused: Jefferson Barracks, Reception Center,
St Louis, Missouri.
Defense: And how long did you serve?
The Accused: Until July 2, 1943.
Defense: Were you discharged at that time?
The Accused: Yes, sir.
Defense: Whereabouts?
The Accused: I was discharged at the same place.
Defense: Then you were reinducted into the Army?
The Accused: Yes, sir; January 15th.
Defense: Where?
The Accused: It says Class P deduction and it was
Class B.
Assistant Defense Counsel: Well, that was formerly
the Class B, and it is now called the Class P. Class B
was discontinued in August, and so it is probably a Class P
allotment.
The Accused: Yes, sin so it is $22.00 a month, any-
v;ay.
Defense: It is ^22.00 a month that is taken out of
your pay?
The Accused: Yes, sir.
President: That is all. Does the Prosecution have
anything further to offer?
Assistant Trial Judge Advocate: The Prosecution has
nothing further to offer.
President: Defense have anything further to offer?
Defense: Defense has nothing farther, if it please
the Court.
President: All right. Court will be closed.
1806
SENTENCES
The Court was closed, and upon secret written ballot
three-fourths of the members present at the time the vote was
taken concurring, sentences the following accused:
Hurks, Arthur J Sgt. To be reduced to the grade of
private, to be dishonorably discharged the Service, to forfeit
all pay and allowances due and to become due, and to be con-
fined at hard labor at such place as the Reviewing Authority
may direct for a period of twelve years.
.1
Jones, William G. Pvt. To be dishonorably discharged j
the Service, to forfeit all pay and allowances due and to
become due, and to bo confined at hard labor at such place
as the Reviewing Authority may direct for a period of fifteen
years .
Larkin, Luther Cpl. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allovmnces due and to become due, and to
be confined at hard labor at such place as the Reviev/lng \
Authority may direct for a period of twenty-five years. j
And upon secret written ballot two-thirds of the members
present at the time the vote was taken concurring sentences .
the following accused: ^
Barber, Richard, Pvt. To be dishonorably discharged the .
Service, to forfeit all pay and alloYirances due and to become |
due, and to be confined at hard labor at such place as the ]
Reviewing Authority may direct for a period of ten years. ^
Brow?i, John S. T/4. To be reduced to the grade of J
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and
to be confined at hard labor at such place as the Reviewing ..;
Authority may direct for a period of ten years. ■
Buckner, Riley L. t/5 To be reduced to the grade of
private, to be confined at hard labor at such place as the
Reviewing Authority may direct for a period of six months, and
to forfeit $18,00 per month for a like period.
Ceaser, Johnnie, Cpl. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and
to be confined at hard labor at such place as the Reviewing
Authority may direct for a period of five years.
Chandler, James C. Jr. Pvt. To be dishonorably discharged
the Service, to forfeit all pay and allov/ances due and to be-
come due, and to be confined at hard labor at such place as
the Reviewing Authority may direct for a period of four years.
Curry, Willie S T/5 To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
1807
m
feit all pay and allowances due and to become due, and to be .)
confined at hard labor at such place as the Reviewing Authority
may direct for a period of eight years.
]
Ellis, Russel L Cpl. To be reduced to the grade of j
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to i
be confined at hard labor at such place as the Reviewing ^
Authority may direct for a period of four years. 1
Green, JefferiJon D., P^o. To be dishonorably discharged 1
the Service, to forfsi;: all pay and allowances due and to be-
come due, and to be confined at hard labor at such place as \
the Reviewing Authority may direct for a period of ten years. |
Hamilton, John L. Pfc. To be reduced to the grade of i
private, to be dishonorably discharged the Service, to for- |
feit all pay and allowances due and to become due, and to i
be confined at hard labor at such place as the Reviewing
Authority may direct for a period of eifc;ht years.
Hughes, Prank, Pvt. To be dishonorably discharged the
Service, to forfeit all pay and allowances due and to be- '\
come due, and to be confined at hard labor at such place as :l
the Reviewing Authority may direct for a period of ten years. ■;
Montgomei-'y, Roy L Pfc. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to
be confined at hard labor at such place as the Reviewing ,■
Authority may direct for a period of two years.
Moore, Loary M. Pvt. To be dishonorably discharged the •
Service, to forfeit all pay and allowances due and to be- ■
come due, and to be confined at hard labor at such place as ',
the Reviewing Authority may direct for a period of five years. }
Prevost, Willie Sr. t/5. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to be i
confined at hard labor at such place as the Reviewing ]
Authority ma;/ direct for a rieriod of ten years. J
1
Sanders, Robert Pvt. To be dishonorably discharged the ^
Service, to forfeit all pay and allowances due and to become
due, and to be confined at hard labor at such place as the
Reviewing Authority may direct for a period of eight years.
Shelton, Elva Pvt. To be dishonorably discharged the
Service, to forfeit all pay and allowances due and to be-
come due, and to be confined at hard labor at such place aa
the Reviewing Authority may direct for a period of four years.
Simmons, Freddie L. T/5. To be reduced to the grade of
Private, to be dishonorably discharged the Service, to for-
1808 • j
felt all pay and allowances due and to become due, and to
be confined at hard labor at such place as the Reviewing
Authority may direct for a period of four years.
Snov;, Samuel Pvt. To be dishonorably discharged the
Service, to forfeit all pay and allowances due and to be-
come due, and to be confined at hard labor at such place as
the Reviewing Authority may direct for a period of one year.
Spencer, Nathaniel T. T/5. To be reduced to the grade
of private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to be
confined at hard labor at such place as the Reviev/ing Authority
may direct for a period of three years.
Stewart, Leslie T. T/5* To be reduced to the grade
of private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to be
confined at hard labor at such place as the Reviewing
Authority may direct for a period of eight years.
Stone, Arthur L. t/S. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allov;ances due and to become due, and to be
confined at hard labor at such place as the Reviev/ing Authority
may direct for a period of ten years.
Sutliff, Richard L. Pvt. To be dishonorably discharged
the Service, to forfeit all pay and allowances due and to be-
come due, and to be confined at hard labor at such place as
the Reviewing Authority may direct for a period of ton years.
Thornton, Booker W. t/4. To be reduced to the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allov/ances due and to become due, and to be
confined at hard labor at such place as the Reviewing Authority
may direct for a period of five years.
Townsell, Booker, Pvt. To be dishonorably discharged
the Service, to forfeit all pay and allowances due and to be-
come due, and to bo confined at hard labor at such place as
the Reviewing Authority may direct for a period of eight years.
Walton, David, T/5. To be reduced tr the grade of
private, to be dishonorably discharged the Service, to for-
feit all pay and allowances due and to become due, and to be
confined at hard labor at such place as the Reviewing Authority
may direct for a period of eight years.
Wooden, Wallace A. Pvt. To be dishonorably discharged
the Service, to forfeit all pay and allov/ances due and to be-
come due, and to be confined at hard labor at such place as
the Reviewing Authority may direct for a period of ten years.
1809
The Court v/as opened at 7:00 o'clock p.m.
President: Court will come to order. It is announced
for the record at this time that the court during its closed
session recessed at 12:15 p.m., and reconvened at 1:30 p.m.
and all members of the court viove present at the time of re-
convening. Court recessed again at 5:45 p.m., and re-
convened at 7:00 o'clock, p.m., at v/hich time court v/as open.
All of the members of the court, the personnel of the
Prosecution and Defense are present, and each of the accused
with the exception of the accused Roy Montgomery, are present.
The President announced the findings and sentences as to
each accused except as to the accused Pfc, Roy L Montgomery.
As to the accused Pfc Roy L Montgomery, the President 1
stated that the court had directed that the findings and |
sentence be not announced. '
Documents submitted by the Defense for consideration in
connection with clemency are attached hereto marked "clemency letters."
-!
President: Is there any .further business to come before
the court?
Trial Judge Advocate: There is no further business, it
it please the Court.
Defense: The Defense has nothing further.
The court then, at 7:44 p.m., 18 December 1944, adjourned
to meet at the call of the President.
1810 i
AUTHENTICATION OF RECORD
/s/ Wllmar W. Dowltt
WILMAR W. DEVifITT
Colonel, G.S.C.
President
/s/ Rcljert Branand
ROBERT BRANAND, Captain, J.A*G,D.
Ass't Trial Judp;e Advocate
because of absence ot
Trial Judge Advocate
I examined the record boforc it was authenticated.
/s/ William T. Books
Major, J.A.G.D,
Defense Counsel
I certify that I personally recorded the findings and sentence of
the court as to the accused > Pfc Roy L, Montgomery,
/s/ Robert Branand
ROBERT BRANAND, Captain,
J*A,G.D. Ass»t. Trial
Judge Advocate because
of absence of Trial
Judge Advocate
I certify that in the original record each day's proceedings are
properly signed by the Assistant Trial Judge Advocate because of
absence of Trial Judge Advocate,
i
ROBERT BRANAND7
Captain, J.A.G.D,
Ass't, Trial Judge
Advocate because of
avsonce of Trial Judge
Advocate
I
1811
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